Part I Enlistment and Terms of Service
Enlistment
1 Recruiting officers.
The following persons may enlist recruits in the regular forces and are in this Act referred to asrecruiting officers, that is to say,—
a
whether within or without Her Majesty’s dominions, any officer authorised under regulations of F2the Defence Council,
b
in a colony, any person authorised by the Governor of the colony,
c
outside Her Majesty’s dominions, any British consul-general, consul or vice-consul, and any person dulyexercising the authority of a British consul.
2 Enlistment.
1
A person offering to enlist in the regular forces shall be given a notice in the prescribed form settingout the questions to be answered on attestation and stating the general conditions of the engagement to beentered into by him; and a recruiting officer shall not enlist any person in the regular forces unlesssatisfied by that person that he has been given such a notice, understands it and wishes to be enlisted.
2
The procedure for enlisting a person in the regular forces shall be that set out in the First Scheduleto this Act.
3
A recruiting officer shall not enlist a person under the F3appropriate minimum age unless consent to the enlistment has been given in writing—
a
if the person offering to enlist is living with both or one of his parents, by the parents or parent;
b
if he is not living with both or one of his parents, but any person (whether a parent or not) whosewhereabouts are known or can after reasonable enquiry be ascertained has parental rights and powers inrespect of him, by that person;
c
if there is no such person as is mentioned in paragraph (b) of this subsection or if after reasonableenquiry it cannot be ascertained whether there is any such person, by any person in whose care (whether inlaw or in fact) the person offering to enlist may be.
4
Where the recruiting officer is satisfied, by the production of a certified copy of an entry in theregister of births or by any other evidence appearing to him to be sufficient, that a person offering toenlist has or has not attained the F3appropriate minimum age, that person shall be deemed for the purposes of this Act to have attained, or as the case may be,not to have attained, that age.
A document purporting to be a certificate signed by the recruiting officer, stating that he is satisfiedas aforesaid, shall be sufficient evidence, until the contrary is proved, that he is so satisfied.
F45
In this Part of this Act the expression “appropriate minimum age” means the age of eighteen or, in a case falling within any classfor which a lower age is for the time being prescribed, that lower age.
Appointment to corps and transfer from one corps to another
3 Enlistment for general or corps service and appointment to and transfer between corps.
1
Recruits may, in pursuance of regulations of F5the Defence Council under this Part of this Act, be enlisted for service in particular corps, but save as may be providedby such regulations recruits shall be enlisted for general service.
2
The competent military authority shall as soon as practicable appoint a recruit, if enlisted for servicein a corps, to that corps, andif enlisted for general service, to such corps as the competent militaryauthority may think fit:
Provided that a recruit enlisted for general service before attaining the age of eighteen years neednot be appointed to a corps until he attains that age.
C13
A soldier of the regular forces may at any time be transferred by order of the competent militaryauthority from one corps to another:
Provided that except while a state of war exists between Her Majesty and any foreign power, or F6a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve, an order under this subsection shall not be madeotherwise than by F5a member of the Army Board unless the person to whom the order relates consents to the transfer.
4
Where, in pursuance of the last foregoing subsection, a soldier of the regular forces is transferredto a corps in an arm or branch of the service different from that in which he was previously serving, thecompetent military authority may by order vary the conditions of his service so as to correspond with thegeneral conditions of service in the arm or branch to which he is transferred.
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Extension of service
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
C39 Postponement in certain cases of discharge or transfer to the reserve. C2
F91
This section applies to a soldier of the regular forces if, on the relevant date, a call-out order under section 52, 54 or 56 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve.
For the purposes of this section, “the relevant date”, in relation to a soldier, means the date on which he would, apart from this section, fall to be transferred to the reserve or he would be entitled to be discharged, as the case may be.
1A
A soldier to whom this section applies may be retained in army service after the relevant date in accordance with this section for such period as the competent military authority may order, and his service may be prolonged accordingly.
1B
The period for which a soldier may be retained in service after the relevant date by virtue of this section shall be limited as follows, that is to say—
a
a soldier who would otherwise have fallen to be transferred to the reserve may not be retained for longer than the period for which, if the assumptions mentioned in subsection (1C) below are made in relation to him, he could have been required to serve on being called out under Part VI of the Reserve Forces Act 1996; or
b
a soldier who would otherwise have been discharged may not be retained for longer than twelve months;
and a soldier who is retained in service is (if not transferred or discharged sooner) entitled to be transferred to the reserve or discharged, as the case may require, at the end of whichever of the above periods applies to him.
1C
The assumptions to be made in relation to a soldier for the purposes of subsection (1B)(a) above are that—
a
he was transferred to the reserve in time to be called out for permanent service starting on the relevant date; and
b
he was so called out on the authority of the call-out order which justified his retention in service.
5
If while a soldier is being retained in army service by virtue of this section it appears to thecompetent military authority that his services can be dispensed with, he shall be entitled to be dischargedor transferred to the reserve as the case may require.
6
Where, at the time at which under the foregoing provisions of this section a soldier is entitled to bedischarged or transferred to the reserve, a state of war exists between Her Majesty and any foreign power,he may, by declaration made in the prescribed form before his commanding officer, agree to continue in armyservice while such a state of war exists; and if the competent military authority approve he may continueaccordingly as if the period for which his term of service could be prolonged under the foregoing provisionsof this section were a period continuing so long as a state of war exists:
F106A
Where a soldier is retained in service by virtue of this section but would otherwise have fallen to be transferred to the reserve—
a
any period for which he is liable to serve in the reserve after the completion of his army service shall be reduced by the period for which he is so retained; and
b
the period for which he is so retained shall be treated as a period of relevant service for the purposes of any provision of Part IV, V, VI or VII of the Reserve Forces Act 1996.
Provided that if it is so specified in the declaration he shall be entitled to be discharged ortransferred to the reserve, as the case may require, at the expiration of three months’ notice given by himto his commanding officer.
7
In relation to soldiers serving outside the United Kingdom, references in this section to being entitledto be transferred to the reserve shall be construed as references to being entitled to be sent to the UnitedKingdom with all convenient speed for the purpose of being transferred to the reserve.
F1110
1
If it appears to Her Majesty that national danger is imminent or that a great emergency has arisen, Shemay by order, signified under the hand of the Secretary of State, provide that soldiers who would otherwisefall to be transferred to the reserve shall continue in army service; and thereupon the last foregoingsection shall apply to such soldiers as it applies while F12a call-out order under section 52 of the Reserve Forces Act 1996 authorising the call out of members of the reserve is in force.
2
Where an order has been made under subsection (1) above, the occasion thereof shall forthwith becommunicated to Parliament.
3
An order in force under subsection (1) above may be revoked by order of Her Majesty signified as thereinmentioned
Discharge and transfer to reserve
11 Discharge.
1
Save as hereinafter provided every soldier of the regular forces, upon becoming entitled to bedischarged, shall be discharged with all convenient speed but until discharged shall remain subject tomilitary law.
2
Where a soldier of the regular forces enlisted in the United Kingdom is, when entitled to be discharged,serving out of the United Kingdom, then—
a
if he requires to be discharged in the United Kingdom, he shall be sent there free of cost with allconvenient speed and shall be discharged on his arrival there or, if he consents to his discharge beingdelayed, within six months from his arrival; but
b
if at his request he is discharged at the place where he is serving he shall have no claim to be sentto the United Kingdom or elsewhere.
3
Except in pursuance of the sentence of a court-martial (whether under this Act, F13the M1Naval Discipline Act 1957 or the M2Air Force Act 1955), a soldier of the regular forces shall not bedischarged unless his discharge has been authorised by order of the competent military authority or byauthority direct from Her Majesty; and in any case the discharge of a soldier of the regular forces shallbe carried out in accordance with Queen’s Regulations.
4
Every soldier of the regular forces shall on his discharge be given a certificate of dischargecontaining F14the following particulars, namely—
a
his name, rank and service number;
b
his reserve liability (if applicable); and
c
the reason for his discharge and the date of discharge,
together with any other particulars which are required to be included in the certificate by directions of the Defence Council or an officer authorised by them.
5
A soldier of the regular forces who is discharged in the United Kingdom shall be entitled to be conveyedfree of cost from the place where he is discharged to the place stated in his attestation paper to be theplace where he was attested or to any place at which he intends to reside and to which he can be conveyedwith no greater cost.
12 Transfer to the reserve.
1
Every soldier of the regular forces upon falling to be transferred to the reserve shall be transferredto the reserve but until so transferred shall remain subject to military law.
2
Where a soldier of the regular forces, when falling to be transferred to the reserve, is serving outof the United Kingdom, he shall be sent to the United Kingdom free of cost with all convenient speed andshall be transferred to the reserve on his arrival there, or if he consents to his transfer being delayed,within six months from his arrival:
Provided that if he so requests he may be transferred to the reserve without being required to returnto the United Kingdom.
3
A soldier who is transferred to the reserve in the United Kingdom shall be entitled to be conveyed freeof cost from the place where he is transferred to the place stated in his attestation paper to be the placewhere he was attested or to any place at which he intends to reside and to which he can be conveyed withno greater cost:
Provided that he shall not be entitled to be conveyed to any place outside the United Kingdom.
13 Postponement of discharge or transfer pending proceedings for offences. C4
1
Notwithstanding anything in this Part of this Act, a soldier of the regular forces shall not be entitledto be discharged or transferred to the reserve at a time when he has become liable, as a person subject tomilitary law, F15the M3Naval Discipline Act 1957 or air-force law, to be proceeded against for an offence against any of the provisions of thisAct, F15the Naval Discipline Act 1957 or the M4Air Force Act 1955:
Provided that if it is determined that the offence shall not be tried by court-martial this subsectionshall cease to apply.
2
Notwithstanding anything in this Part of this Act, a soldier of the regular forces who is outside theUnited Kingdom and serving a sentence of imprisonment or detention awarded by a court-martial under thisAct, F15the M5Naval Discipline Act 1957 or the M6Air Force Act 1955, shall not be entitled to be discharged or transferredto the reserve during the currency of the sentence.
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
15 Right of warrant officer to discharge on reduction to ranks.
A warrant officer of the regular forces who is reduced to the ranks may thereupon claim to be dischargedunless a state of war exists between Her Majesty and any foreign power or F17a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reserve.
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
Miscellaneous and supplementary provisions
17 Forfeiture of service for desertion and restoration of forfeited service.
1
Where a soldier of the regular forces is convicted of desertion by court-martial, the period of hisservice as respects which he is convicted of having been a deserter shall be forfeited.
C52
Where any of a soldier’s service is forfeited the provisions of this Part of this Act . . . F19 shall apply to him, and he shall be liable to serve, in like manner as if theappropriate date were the date of his attestation and he had, on the appropriate date, been duly enlistedto serve for the like term (both as respects duration and as respects liability to army service and anyliability to serve in the reserve) as that for which he was in fact serving at the date of his conviction:
Provided that where at the date of his conviction the soldier was serving a term ending with theexpiration of a period beginning with the date of his attaining the age of eighteen years and he hadattained that age when he was convicted (whether or not he had attained it when the offence was committed)the duration of the term for which he is liable to serve shall be equal to that period and the time forwhich he is required to serve in army service shall be reduced accordingly.
F203
In subsection (2) above “the appropriate date” means in relation to any person a date earlier than the date of hisconviction for desertion by the length of his service which is not forfeited.
4
Notwithstanding anything in the foregoing provisions of this section, the right conferred on a soldierby F21regulations made in pursuance of section 2(1)(c) of the M7Armed ForcesAct 1966 shall not be exercisable, in consequence of a orfeiture of service, at a time earlier than that atwhich it would have been exercisable apart from the forfeiture.
5
F22The Defence Council may by regulations make provision for the restoration in whole or in part of any forfeited serviceto a soldier in consideration of good service or on other grounds justifying the restoration of serviceforfeited.
6
Where service of any description is restored to a person by virtue of the last foregoing subsectionwhile he is in army service,—
a
the amount of the service so restored shall, subject to the provisions of the next following paragraph,be credited to him for the purpose of determining for the purposes of this Act the amount of service, armyservice or service in the reserve, as the case may require, which he has served or is liable to serve; but
b
in the case of a person who, when his service is restored, is serving, or subsequently serves, on termswhich entitle him to the right conferred by F21regulations made in pursuance of section 2(1)(c) of the M8Armed ForcesAct 1966 the restoration shall not operate to alter the dates on which, by reason of the operation ofsubsection (2) of this section, his army service may be determined in pursuance of an exercise of thatright.
7
18 Validity of attestation and enlistment.
1
Where a person has signed the declaration required by the First Schedule to this Act, and has thereafterreceived pay as a soldier of the regular forces,—
a
the validity of his enlistment shall not be called in question on the ground of any error or omissionin his attestation paper;
b
if within three months from the date on which he signed the said declaration he claims that hisenlistment is invalid by reason of any non-compliance with the requirements of this Act as to enlistmentor attestation, or any other ground whatsoever (not being an error or omission in his attestation paper)on which apart from this subsection the validity of his enlistment could have been called in question, theclaim shall be submitted as soon as may be to F23the Defence Council, and if the claim is well founded F23the Defence Council shall cause him to be discharged with all convenient speed;
c
subject to the provisions of the last foregoing paragraph, he shall be deemed as from the expirationof the said three months to have been validly enlisted notwithstanding any such non-compliance or othergrounds as aforesaid;
d
notwithstanding any such non-compliance or other grounds as aforesaid, or the making of a claim inpursuance of paragraph (b) of this subsection, he shall be deemed to be a soldier of the regular forcesuntil his discharge.
In the case of a person who when he signed the said declaration had not attained the F24appropriate minimum age, paragraph (b) of this subsection shall have effect as if for the words “he claims" there weresubstituted the words “he, or any person whose consent to the enlistment was required under subsection(3) of section two of this Act but who did not duly consent, claims".
2
Where a person has received pay as a soldier of the regular forces without having previously signed thedeclaration required by the First Schedule to this Act, then—
a
he shall be deemed to be a soldier of the regular forces until discharged;
b
he may claim his discharge at any time, and if he does so the claim shall be submitted as soon as maybe to F23the Defence Council, who shall cause him to be discharged with all convenient speed.
3
Nothing in the foregoing provisions of this section shall be construed as prejudicing the determinationof any question as to the term for which a person was enlisted or as preventing the discharge of a personwho has not claimed his discharge.
19 False answers in attestation paper.
1
If a person appearing before a recruiting officer for the purpose of being attested knowingly makes afalse answer to any question contained in the attestation paper and put to him by or by the direction ofthe recruiting officer, he shall be liable on summary conviction to imprisonment for a term not exceedingthree months or to a fine not exceeding F25level 1 on the standard scale.
2
For the avoidance of doubt it is hereby declared that a person may be proceeded against under thissection notwithstanding that he has since become subject to military law.
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
21 Service of aliens in regular forces.
1
Subject to the provisions of the two next following subsections the number of aliens who at any one timeare serving (whether as officers or soldiers) in the regular forces shall not exceed one-fiftieth of theaggregate number at that time of those forces.
2
In reckoning the number of aliens serving as aforesaid there shall be excluded persons enlisted outsidethe United Kingdom and serving in such units (if any) as may be prescribed, and officers serving in suchunits.
3
F27The Defence Council may by regulations provide that at any time at which a state of war exists between Her Majesty andany foreign power or while F28a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the reservesubsection (1) of thissection shall have effect with the substitution for one-fiftieth of such other fraction as may be specifiedin the regulations.
4
Nothing in section three of the Act of Settlement (which provides among other things that aliens areincapable of holding certain offices or places of trust) shall apply to an office or place of trust in theregular forces so long as the limit having effect under the foregoing provisions of this section is not exceeded.
5
F27The Defence Council may by regulations provide that in such cases as may be prescribed by the regulations it shall notbe necessary to administer the oath of allegiance to an alien on his enlistment; and in relation to casesso prescribed this Act shall have effect with the omission of references to the administration and takingof the oath of allegiance.
22 Regulations as to enlistment.
F31F291
F30The Defence Council may make such regulations as appear to them necessary or expedient for the purposes of, or inconnection with, the enlistment of recruits for the regular forces and generally for carrying this Part ofthis Act into effect.
F312
Any power conferred by this Part of this Act to make regulations (including the power under paragraph 5 of Schedule 1 to this Act) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
23 Interpretation of Part I.
1
In this Part of this Act:—
“competent military authority” means F32the Defence Council or any prescribed officer;
“date of attestation”, in relation to any person, means the date on which he signs thedeclaration and takes the oath mentioned in paragraph 3 of the First Schedule to this Act;
F33“appropriate minimum age” has the meaning assigned to it by subsection (5) of section two of this Act;
“prescribed” means prescribed by regulations made under this Part of this Act;
“recruiting officer” has the meaning assigned to it by section one of this Act;
“reserve” means . . . F34 the army reserve.
2
References in this Part of this Act to soldiers shall include references to warrant officers and tonon-commissioned officers.
C44C45Part II Discipline and Trial and Punishment of Military Offences
Part II applied (1.6.1996 subject to art. 3 of the commencing S.I.) by Armed Forces Act 1991 (c. 62, SIF 7:1), ss. 18(9)(a), 20(10)(a); S.I. 1996/1173, art. 2
Misconduct in action and other offences arising out of military service
24F35 Misconduct in action.
1
A person subject to military law shall be guilty of an offence against this section if, without lawfulexcuse, he—
a
surrenders any place or thing to the enemy, or
b
abandons any place or thing which it is his duty to defend against the enemy or to prevent from fallinginto the hands of the enemy.
2
A person subject to military law shall be guilty of an offence against this section if, being in thepresence or vicinity of the enemy, or being engaged in any action or operation against the enemy or underorders to be prepared for any action or operation by or against the enemy, he—
a
fails to use his utmost exertions to carry the lawful orders of his superior officers into execution,or
b
while on guard duty and posted or ordered to patrol, or while on watch, sleeps or, without having beenregularly relieved, leaves any place where it is his duty to be, or
c
behaves in such a manner as to show cowardice, or induces any other person so to behave at a time whenthat other person, being a member of Her Majesty’s forces or of a force co-operating with Her Majesty’sforces, is in the presence or vicinity of the enemy, or is engaged in any action or operation against theenemy or under orders to be prepared for any action or operation by or against the enemy, or
d
uses words likely to cause despondency or unnecessary alarm.
3
A person guilty of an offence against this section shall, on conviction by court-martial, be F36liable to imprisonment or any less punishment provided by this Act.
4
The reference in subsection (2)(a) above to superior officers shall be construed in accordance withsection 33(2) of this Act.
25 Assisting the enemy.
1
A person subject to military law shall be guilty of an offence against this section if, knowingly andwithout lawful excuse, he—
a
communicates with, or gives intelligence to, the enemy, or
b
fails to make known to the proper authorities any information received by him from the enemy, or
c
furnishes the enemy with supplies of any description, or
d
having been captured by the enemy, serves with or aids the enemy in the prosecution of hostilities orof measures likely to influence morale, or in any other manner whatsoever not authorised by internationalusage, or
e
having been captured by the enemy, fails to take, or prevents or discourages any other person subjectto service law who has been captured by the enemy from taking, any reasonable steps to rejoin Her Majesty’sservice which are available to him or, as the case may be, to that other person, or
f
harbours or protects an enemy not being a prisoner of war.
2
A person guilty of an offence against this section shall, on conviction by court-martial, be F37liable to imprisonment or any less punishment provided by this Act.
26 Obstructing operations, giving false air signals, etc.
1
A person subject to military law shall be guilty of an offence against this section if he does any actlikely to imperil the success of any action or operation on the part of any of Her Majesty’s forces, orwilfully delays or discourages upon any pretext whatsoever any such action or operation.
2
A person subject to military law shall be guilty of an offence against this section if, knowingly andwithout lawful excuse, he gives any false air signal, or alters or interferes with any air signal or anyapparatus for giving an air signal.
3
A person guilty of an offence against this section shall, on conviction by court-martial, be F38liable to imprisonment or any less punishment provided by this Act
27F39 Prize offences by commanding officers.
1
Any person subject to military law who, being in command of any of Her Majesty’s ships oraircraft—
a
having taken any ship or aircraft as prize, fails to send to the High Court, or to some other prizecourt having jurisdiction in the case, all the ship papers or aircraft papers, as the case may be, foundon board, or
b
unlawfully makes any agreement for the ransoming of any ship, aircraft or goods taken as prize, or
c
in pursuance of any such agreement as aforesaid, or otherwise by collusion, restores or abandons anyship, aircraft or goods taken as prize,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
2
In this section “prize court” means a prize court within the meaning of the M10Naval PrizeAct 1864, and “ship papers” and “aircraft papers” have the same meanings as in that Act.
28 Other prize offences.
Any person subject to military law who—
a
F40 ill-treats any person who is on board a ship or aircraft when taken as prize,or unlawfully takes from any such person anything in his possession, or
b
removes out of any ship or aircraft taken as prize (otherwise than for safe keeping or for the necessaryuse and service of any of Her Majesty’s forces or any forces co-operating therewith) any goods notpreviously adjudged by a prize court within the meaning of the M11Naval Prize Act 1864 tobe lawful prize, or
c
breaks bulk on board any ship or aircraft taken as prize, or detained in exercise of any belligerentright or under any enactment, with intent to steal anything therein,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
29F41 Offences by or in relation to sentries, persons on watch, etc.
Any person subject to military law who—
a
while on guard duty and posted or ordered to patrol, or on watch, or under orders to regulate trafficby land, water or air, sleeps or, without having been regularly relieved, leaves any place where it is hisduty to be, or
b
F42 uses force against a member of Her Majesty’s forces, or of any forcesco-operating therewith, who is on guard duty and posted or ordered to patrol, or on watch, or under ordersto regulate traffic by land, water or air, or
c
by the threat of force compels any such person as is mentioned, leaves any place where it is his dutyto be, or
d
in paragraph (b) above to let him or any other person pass,
shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
29AF43 Failure to attend for duty, neglect of duty, etc.
Any person subject to military law who—
a
without reasonable excuse fails to attend for any duty of any description, or leaves any such dutybefore he is permitted to do so, or
b
neglects to perform, or negligently performs, any duty of any description,
shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
30 Looting. C6
Any person subject to military law who—
a
steals from, or with intent to steal searches, the person of anyone F44killed, wounded or captured in the course of warlike operations, or killed, injuredor detained in the course of operations undertaken by Her Majesty’s forces for the preservation of law andorder or otherwise in aid of the civil authorities, or
b
steals any property which has been left exposed or unprotected in consequence of F44any such operations as are mentioned in paragraph (a) above, or
c
takes otherwise than for the public service any vehicle, equipment or stores abandoned by the enemy,
shall be guilty of looting and liable, on conviction by court-martial, to imprisonment or any lesspunishment provided by this Act.
Mutiny and insubordination
31 Mutiny.
F451
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
Any person subject to military law who F46. . .,takes part in a mutiny, or incites any person subject to service law to take part in a mutiny, whetheractual or intended, shall, on conviction by court-martial, be liable to imprisonment or any less punishmentprovided by this Act.
3
In this Act the expression “mutiny” means a combination between two or more persons subject to service law, or betweenpersons two at least of whom are subject to service law—
a
to overthrow or resist lawful authority in Her Majesty’s forces or any forces co-operating therewithor in any part of any of the said forces,
b
to disobey such authority in such circumstances as to make the disobedience subversive of discipline,or with the object of avoiding any duty or service against, or in connection with operations against, theenemy, or
c
to impede the performance of any duty or service in Her Majesty’s forces or in any forces co-operatingtherewith or in any part of any of the said forces;F47
32 Failure to suppress mutiny.
Any person subject to military law who, knowing that a mutiny is taking place or is intended,—
a
fails to use his utmost endeavours to suppress or prevent it, or
b
fails to report without delay that the mutiny is taking place or is intended,
shall on conviction by F48court-martial be liable to imprisonment or any less punishment provided by this Act.
33 Insubordinate behaviour.
1
Any person subject to military law who—
a
F49 uses violence to, or offers violence to, his superior officer, or
b
uses threatening or insubordinate language to his superior officer,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act:
F50Provided that it shall be a defence for any person charged under this subsection toprove that he neither knew nor had reasonable cause to believe that the person in relation to whom theoffence is alleged to have been committed was his superior officer.
2
In the foregoing provisions of this section the expression “superior officer”, in relation to any person, means an officer, warrant officer ornon-commissioned officer of the regular forces of superior rank, and includes an officer, warrant officeror non-commissioned officer of those forces of equal rank but greater seniority while exercising authorityas the said person’s superior.
34F51 Disobedience to lawful commands.
Any person subject to military law who, whether wilfully or, through neglect, disobeys any lawfulcommand (by whatever means communicated to him) shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.
34AF52 Failure to provide a sample for drug testing.
1
Any person subject to military law who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for testing for the presence of drugs shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.
2
For the purposes of this section—
“drug” means any drug which is a controlled drug for the purposes of the M12Misuse of Drugs Act 1971; and
“drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.
35 Obstruction of provost officers.
Any person subject to military law who—
a
obstructs, or
b
when called on, refuses to assist,
F53any provost officer, or any person (whether subject to military law or not) legally exercising authority under or on behalf of a provostofficer, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:
F54Provided that it shall be a defence for any person charged under this section to provethat he neither knew nor had reasonable cause to believe that the person in relation to whom the offenceis alleged to have been committed was a provost officer or, as the case may be, a person legally exercisingauthority under or on behalf of a provost officer.
36 Disobedience to standing orders.
1
Any person subject to military law who contravenes or fails to comply with any provision of orders towhich this section applies, being a provision known to him, or which he might reasonably be expected toknow, shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
2
This section applies to standing orders or other routine orders of a continuing nature made for anyformation or unit or F55body of Her Majesty’s forces, or for any command or other area, garrison or place, or for any ship, train or aircraft.
Desertion, absence without leave, etc.
37F56 Desertion.
1
Any person subject to military law who deserts shall, on conviction by court-martial, be liable toimprisonment or any less punishment provided by this Act.
2
For the purposes of this Act a person deserts who—
a
leaves or fails to attend at his unit, ship or place of duty with the intention of remaining permanentlyabsent from duty without lawful authority, or, having left or failed to attend at his unit, ship or placeof duty, thereafter forms the like intention, or
b
absents himself without leave with intent to avoid serving at any place overseas, or to avoid serviceor any particular service when before the enemy,
and references in this Act to desertion shall be construed accordingly.
38F57 Absence without leave.
Any person subject to military law who—
a
absents himself without leave, or
b
improperly leaves his ship,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
39F58 Failure to report or apprehend deserters or absentees.
Any person subject to military law who, knowing that any other person so subject has committed anoffence, or is attempting to commit an offence, under section 37(1) or section 38 of this Act—
a
fails to report the fact without delay, or
b
fails to take any steps within his power to cause that other person to be apprehended,
shall be liable, on conviction by court-martial, to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
Malingering and drunkenness
42 Malingering.
1
Any person subject to military law who—
a
falsely pretends to be suffering from sickness or disability, or
b
injures himself with intent thereby to render himself unfit for service, or causes himself to be injuredby any person with that intent, or
c
injures another person subject to F60service law, at the instance of that person, with intent thereby to render that person unfit for service, or
d
with intent to render or keep himself unfit for service, does or fails to do any thing (whether at thetime of the act or omission he is in hospital or not) whereby he produces, or prolongs or aggravates, anysickness or disability,
shall be guilty of malingering and shall, on conviction by court-martial, be liable to imprisonmentfor a term not exceeding two years or any less punishment provided by this Act.
2
In this section the expression “unfit” includes temporarily unfit.
43 Drunkenness.
1
Any person subject to military law who is guilty of drunkenness, whether on duty or not, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act F61
F622
For the purposes of this section a person is guilty of drunkenness if owing to the influence of alcoholor any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted withhis duty or with any duty which F63he might reasonably expect to be called upon to perform, or behaves in a disorderly manner or in any manner likely to bring discredit on Her Majesty’sservice.
Disorderly conduct
43AF64 Fighting, threatening words, etc.
Any person subject to military law who, without reasonable excuse—
a
fights with any other person, whether subject to military law or not, or
b
uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
Offences relating to property
44F65 Damage to, and loss of, public or service property, etc.
1
Any person subject to military law who—
a
wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any public orservice property, or any property belonging to another person so subject, or
b
by wilful neglect causes or allows damage to, or the loss of, any public or service property or propertyso belonging,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act.
2
Any person subject to military law who—
a
by any negligent act or omission causes or allows damage to, or the loss of, any public or serviceproperty, or
b
is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any such property,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
44A Damage to, and loss of, Her Majesty’s aircraft or aircraft material.
1
Without prejudice to the generality of section 44 above, a person subject to military law shall beguilty of an offence against this section if he—
a
wilfully damages or causes the loss of, or is concerned in the wilful damage or loss of, any of HerMajesty’s aircraft or aircraft material, or
b
by wilful neglect causes or allows damage to, or the loss of, any of Her Majesty’s aircraft or aircraftmaterial, or
c
without lawful authority disposes of any of Her Majesty’s aircraft or aircraft material, or
d
by any negligent act or omission causes or allows damage to, or the loss of, any of Her Majesty’saircraft or aircraft material,
e
is guilty of any wilful or negligent act or omission which is likely to cause damage to, or the lossof, any of Her Majesty’s aircraft or aircraft material, or
f
during a state of war, wilfully and without proper occasion, or negligently, causes the sequestrationby or under the authority of a neutral state, or the destruction in a neutral state, of any of Her Majesty’saircraft.
2
A person guilty of an offence against this section shall, on conviction by court-martial, beliable—
a
if his offence consisted in an act or omission falling within paragraph (a), (b) or (c) of subsection(1), or if it consisted in an act or omission falling within paragraph (f) of that subsection and it isproved that he acted wilfully or with wilful neglect, to imprisonment or any less punishment provided bythis Act;
b
in any other case, to imprisonment for a term not exceeding two years or any less punishment providedby this Act.
44BF66 Interference etc. with equipment, messages or signals.
1
Any person subject to military law who by any conduct of his—
a
intentionally impairs the efficiency or effectiveness of any equipment which is public or serviceproperty; or
b
intentionally interferes with or modifies any message or other signal which is being transmitted, bymeans of a telecommunication system, directly or indirectly to or from any such equipment,
shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided bythis Act.
2
Any person subject to military law who is guilty of any conduct which is likely to have theeffect—
a
of impairing the efficiency or effectiveness of any such equipment; or
b
of interfering with or modifying any such message or signal,
shall (whether or not that conduct has that effect) be liable, on conviction by court-martial, toimprisonment for a term not exceeding two years or any less punishment provided by this Act.
3
It shall be a defence for a person charged with an offence under subsection (2) of this section inrespect of any conduct likely to have a particular effect that, in the circumstances, his conduct was inall respects consistent with the exercise of reasonable care to avoid producing that effect.
4
For the purposes of this section the efficiency or effectiveness of any equipment is impaired if,whether or not it is damaged, the equipment is made temporarily or permanently less efficient or effectiveeither for all purposes or for a particular purpose for which it has been designed, adapted, adjusted orprogrammed.
5
In this section—
“conduct” includes any act or omission;
“equipment” includes any apparatus, any computer and any vessel, aircraft or vehicle;and
“telecommunication system” has the same meaning as in the M13Telecommunications Act 1984.
45 Misapplication and waste of public or service property. C7
Any person subject to military law who misapplies or wastefully expends any public or service propertyshall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two years or anyless punishment provided by this Act.
46 Offences relating to issues and decorations. C8
1
Any person subject to military law who makes away with (whether by pawning, selling, destroying or inany other way), or loses, or by negligence damages or allows to be damaged—
a
any clothing, arms, ammunition or other equipment issued to him for his use for military purposes, or
b
any military, air-force or naval decoration granted to him,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
2
It shall be a defence for a person charged under this section with losing any property that he tookreasonable steps for its care and preservation.
Offences relating to billeting and requisitioning of vehicles
47 Billeting Offences.
Any person subject to military law who—
a
knowing that no billeting requisition is in force under Part IV of this Act authorising him to demandany billets or that he is otherwise not authorised to demand them, obtains those billets or orders orprocures another person to obtain them;
b
takes or agrees to take, or demands, from a person on whom he or any other person or any vehicle is oris to be billeted in pursuance of a billeting requisition under Part IV of this Act any money or thing asconsideration for not requiring, or ceasing to require, accommodation for himself or the said other personor standing room for the vehicle; or
F67c
wilfully or by wilful neglect damages, or causes or allows to be damaged, any premises in which he isbilleted in pursuance of such a requisition, or any property being in such premises,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
48 Offences in relation to requisitioning of vehicles.
1
Any person subject to military law who—
a
knowing that no requisitioning order is in force under Part IV of this Act authorising him to givedirections for the provision of any vehicle, or that he is otherwise not authorised to give such directions,gives directions for the provision of the vehicle or orders or procures another person to give suchdirections, or
b
in purported exercise of powers conferred by a requisitioning order under Part IV of this Act takes,or orders or procures any other person to take, possession of a vehicle, knowing that no requisitioningorder is in force under the said Part IV under which the taking possession of the vehicle could beauthorised, or that the taking possession thereof is otherwise not authorised under such an order, or
c
takes or agrees to take, or demands, from any person any money or thing as consideration for directions,or any particular directions, for the provision of a vehicle not being given, or possession of a vehiclenot being taken, or not being retained, under a requisitioning order under Part IV of this Act,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
2
The last foregoing subsection shall apply in relation to horses, mules, food, forage and stores (withinthe meaning of Part IV of this Act) as it applies in relation to vehicles.
Flying etc. offences
48AF68 Loss or hazarding of ship.
Any person subject to military law who, either wilfully or by negligence, causes or allows to be lost,stranded or hazarded any of Her Majesty’s ships shall, on conviction by court-martial, be liable—
a
if he acts wilfully or with wilful neglect, to imprisonment or any less punishment provided by this Act,
b
in any other case, to imprisonment for a term not exceeding two years or any less punishment soprovided.
49 Dangerous flying, etc.
Any person subject to military law who is guilty of any act or neglect in flying, or in the use of anyaircraft, or in relation to any aircraft or aircraft material, which causes or is likely to cause loss oflife or bodily injury to any person shall, on conviction by court-martial, be liable to imprisonment or anyless punishment provided by this Act:
Provided that if the offender has not acted wilfully or with wilful neglect he shall not be liableto be imprisoned for more than two years.
50F69 Inaccurate certification.
Any person subject to military law who makes or signs, without having ensured its accuracy,—
a
a certificate relating to any matter affecting the seagoing or fighting efficiency of any of HerMajesty’s ships, or
b
any certificate relating to any of Her Majesty’s aircraft or aircraft material,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
51 Low flying.
Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it ata height less than such height as may be provided by any regulations issued under the authority of F70the Defence Council, F71, except—
a
while taking off or alighting, or
b
in such other circumstances as may be so provided,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act:
F72Provided that where a pilot flies an aircraft in contravention of this section on theorders of some other person who is in command of the aircraft, that other person shall be treated for thepurposes of this section as having been the pilot of, and flying, the aircraft at the material time.
52 Annoyance by flying.
Any person subject to military law who, being the pilot of one of Her Majesty’s aircraft, flies it soas to cause, or to be likely to cause, unnecessary annoyance to any person shall, on conviction bycourt-martial, be liable to F73dismissal from Her Majesty’s service or any less punishment provided by this Act:
F74Provided that where a pilot flies an aircraft in contravention of this section on theorders of some other person who is in command of the aircraft, that other person shall be treated for thepurposes of this section as having been the pilot of, and flying, the aircraft at the material time.
Offences relating to, and by, persons in custody
53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
54 Permitting escape, and unlawful release of prisoners.
1
Any person subject to military law who wilfully allows to escape any person who is committed to hischarge, or whom it is his duty to guard, shall, on conviction by court-martial, be liable to imprisonmentor any less punishment provided by this Act.
2
Any person subject to military law who—
a
without proper authority releases any person who is committed to his charge, or
b
without reasonable excuse allows to escape any person who is committed to his charge, or whom it is hisduty to guard,
shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
55 Resistance to arrest.
1
Any person subject to military law who, being concerned in any quarrel or disorder, refuses to obey anyofficer who orders him into arrest, or F76 uses violence to, or offers violence to, any such officer, shall be guiltyof an offence against this section whether or not the officer is his superior officer.
2
Any person subject to military law who F76 uses violence to, or offers violence to, any person, whether subject tomilitary law or not, whose duty it is to apprehend him or in whose custody he is shall be guilty of anoffence against this section.
3
Any person guilty of an offence against this section shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.
56 Escape from confinement.
Any person subject to military law who escapes from arrest, prison or other lawful custody (whethermilitary or not), shall, on conviction by court-martial, be liable to imprisonment for a term not exceedingtwo years or any less punishment provided by this Act.
Offences in relation to courts-martial and civil authorities
57 Offences in relation to courts-martial.
C91
Any person subject to military law who—
a
having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply withthe summons or order, or
b
refuses to swear an oath when duly required by a court-martial to do so, or
c
refuses to produce any F77document or other thing which is in his custody or under his control and which a court-martial has lawfully required him to produce, or
d
when a witness, refuses to answer any question which a court-martial has lawfully required him toanswer, or
e
wilfully insults any person, being a member of a court-martial or a witness or any other person whoseduty it is to attend on or before the court, while that person is acting as a member thereof or is soattending, or wilfully insults any such person as aforesaid while that person is going to or returning fromthe proceedings of the court, or
f
wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court,
shall, on conviction by a court-martial, other than the court in relation to which the offence wascommitted, be liable to imprisonment for a term not exceeding two years or any less punishment provided bythis Act.
2
Notwithstanding anything in the last foregoing subsection, where an offence against F78 that subsection is committed in relation to any court-martial held in pursuanceof this Act that court, if of opinion that it is expedient that the offender should be dealt with summarilyby the court instead of being brought to trial before another court-martial, may by order under the handof the president F79sentence the offender—
a
if he is an officer, to imprisonment for a term not exceeding twenty-one days, or to a fine notexceeding the amount of his pay for twenty-eight days F80. . .,
b
in any other case, to imprisonment or detention for such a term as aforesaid, or to such a fine asaforesaid.
F812A
If the offender has attained seventeen years of age but is under twenty-one years of age, subsection(2) above shall have effect in relation to him as if the power to impose a sentence of imprisonment werea power to make an order under section 71AA below.
F822B
For the purposes of subsection (2) above, a day’s pay shall be taken to be–
a
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the order is made;
b
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
F822C
In subsection (2B)(b) above “special member" and “ordinary member" have the same meaning as in the Reserve Forces Act 1996.
3
F864
References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial or to a member of a court-martial include references to a judicial officer or a person appointed under section 75L of the Air Force Act 1955 or section 47M of the Naval Discipline Act 1957 and, in relation to an offence committed in relation to a judicial officer or any person so appointed, that subsection shall have effect as if the words “other than the court in relation to which the offence was committed" were omitted.
5
In relation to an offence committed in relation to a judicial officer, subsection (2) of this section shall have effect as if—
a
the references to a court-martial held in pursuance of this Act were references to the judicial officer,
b
for “another court-martial" there were substituted “a court-martial", and
c
the words “under the hand of the president" were omitted.
F876
References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial include references to the summary appeal court, the court established by section 83ZA of the Air Force Act 1955 or the court established by section 52FF of the Naval Discipline Act 1957 and, in relation to an offence committed in relation to any of those courts, that subsection shall have effect as if the words “other than the court in relation to which the offence was committed" were omitted.
7
In relation to an offence committed in relation to the summary appeal court, subsection (2) of this section shall have effect as if—
a
the reference to a court-martial held in pursuance of this Act were a reference to the summary appeal court,
b
for “another court-martial" there were substituted “a court-martial", and
c
for “the president" there were substituted “the judge advocate".
58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88
59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89
Miscellaneous offences
60F90 Unauthorised disclosure of information.
1
Any person subject to military law who without lawful authority discloses or purports to disclose,whether orally, in writing, by signal or by any other means whatsoever, information relating to any matterupon which information would or might be useful to an enemy shall, on conviction by court-martial, be liableto imprisonment for a term not exceeding two years or any less punishment provided by this Act.
2
It shall be a defence for a person charged with an offence under this section that he did not know andhad no reasonable cause to believe that the information disclosed related to a matter upon which informationwould or might be directly or indirectly useful to an enemy.
61 Making of false statements on enlistment. C10
Any person who, when before a recruiting officer for the purpose of being attested in pursuance of PartI of this Act, has knowingly made a false answer to any question contained in the attestation paper and putto him by or by the direction of the recruiting officer shall if he has since become and remains subjectto military law be liable, on conviction by court-martial, to the like imprisonment as on summary convictionof an offence against section nineteen of this Act or to any less punishment provided by this Act.
62F91 Making of false documents.
1
A person subject to military law who—
a
makes an official document which is to his knowledge false in a material particular, or
b
makes in any official document an entry which is to his knowledge false in a material particular, or
c
tampers with the whole or any part of an official document (whether by altering it, destroying it, suppressing it, removing it or otherwise), or
d
with intent to deceive, fails to make an entry in an official document,
is liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
2
For the purposes of this section—
a
a document is official if it is or is likely to be made use of, in connection with the performance of his functions as such, by a person who holds office under, or is in the service of, the Crown; and
b
a person who has signed or otherwise adopted as his own a document made by another shall be treated, as well as that other, as the maker of the document.
3
In this section “document” means anything in which information of any description is recorded.
63 Offences against civilian population.
Any person subject to military law who, in any country or territory outside the United Kingdom, commitsany offence against the person or property of any member of the civil population shall, on conviction bycourt-martial, be liable to imprisonment for a term not exceeding two years or any less punishment providedby this Act.
63AF92 Offences against morale.
Any person subject to military law who spreads (whether orally, in writing, by signal, or otherwise)reports relating to operations of Her Majesty’s forces, of any forces co-operating therewith, or of any partof any of those forces, being reports likely to create despondency or unnecessary alarm, shall, onconviction by court-martial, be liable to imprisonment for a term not exceeding two years or any lesspunishment provided by this Act.
64F93 Scandalous conduct by officers. C11
Every officer subject to military law who behaves in a scandalous manner unbecoming the character ofan officer shall, on conviction by court-martial, be liable to dismissal from Her Majesty’s service withor without disgrace.
65 Ill-treatment of officers or men of inferior rank.
If—
a
any officer subject to military law F94 ill-treats any officer subject thereto of inferior rank or less seniority orany warrant officer, non-commissioned officer or soldier subject to military law, or
b
any warrant officer or non-commissioned officer subject to military law F94 ill-treats any person subject to military law, being a warrant officer ornon-commissioned officer of inferior rank or less seniority or a soldier,
he shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding two yearsor any less punishment provided by this Act.
66 Disgraceful conduct. C12
Any person subject to military law who is guilty of disgraceful conduct of a cruel, indecent orunnatural kind shall, on conviction by court-martial, be liable to imprisonment for a term not exceedingtwo years or any less punishment provided by this Act.
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95
68 Attempts to commit military offences.
68AF98 Aiding and abetting etc., and inciting.
1
Any person subject to military law who aids, abets, counsels or procures the commission by anotherperson of an offence against any of the foregoing provisions of this Part of this Act, or against section69 below, or who incites another person to commit any such offence, shall himself be guilty of the offencein question, and shall be liable to be charged, tried and punished accordingly.
2
A person may be guilty by virtue of subsection (1) above of an offence against section 62 of this Actwhether or not he knows the nature of the document in question.
69 Conduct to prejudice of military discipline.
Any person subject to military law who is guilty F99, whether by any act or ommission or otherwise, of conduct to the prejudice of good order and military discipline shall, on conviction by court-martial, beliable to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
Civil offences
C1470 Civil offences. C13
1
Any person subject to military law who commits a civil offence, whether in the United Kingdom orelsewhere, shall be guilty of an offence against this section.
2
In this Act the expression “civil offence” means any act or omission punishable by the law of England or which, ifcommitted in England, would be punishable by that law; and in this Act the expression “the corresponding civil offence” means the civil offence the commission of whichconstitutes the offence against this section.
F1002A
For the purpose of determining under this section whether an attempt to commit an offence is a civiloffence, subsection (4) of section 1 of the M16Criminal Attempts Act 1981 (which relatesto the offence of attempt) shall have effect as if for the words “offence which, if it were completed,would be triable in England and Wales as an indictable offence" there were substituted the words “civiloffence consisting of an act punishable by the law of England and Wales as an indictable offence or an actwhich, if committed in England or Wales, would be so punishable by that law".
3
F101Subject to section 71A below, a person convicted by court-martial of an offence against this section shall—
F102a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103aa
if the corresponding civil offence is one for which the sentence is fixed by law as life imprisonment, be sentenced to imprisonment for life;
b
in any other case, be liable to suffer any punishment or punishments which a civil court could awardfor the corresponding civil offence, if committed in England, being a punishment or punishments providedby this Act, or such punishment, less than the maximum punishment which a civil court could so award, asis so provided:
F105F1043A
Where the corresponding civil offence is one to which F106section 109, 110 or 111 of the Powers of Criminal Courts (Sentencing) Act 2000 would apply, the court-martial shall impose the sentence required by subsection (2) of that section unless it is of the opinion that there are exceptional circumstances which justify its not doing so.
4
A person shall not be charged with an offence against this section committed in the United Kingdom ifthe corresponding civil offence is treason, murder, manslaughter, treason-felony or rape F107or an offence under section 1 of the Geneva Conventions Act 1957. . . F108or an offence under section 1 of the M17Biological Weapons Act 1974 F109or an offence under section 2 or 11 of the Chemical Weapons Act 1996.F107or an offence under section 51 or 52 of the International Criminal Court Act 2001
F110In this and the following subsection the references to murder shall apply also toaiding, abetting, counselling or procuring suicide.
5
Where the corresponding civil offence is murder or manslaughter F107, or an offence under section 1 of the Geneva Conventions Act 1957 or section 51 of the International Criminal Court Act 2001 consisting of the killing of a person,. . . an offence against this section shall be deemed, for the purposes of the last foregoing subsection,to have been committed at the place of the commission of the act or occurrence of the neglect which causedthe death, irrespective of the place of the death.
F1116
A person subject to military law may be charged with an offence against this section notwithstandingthat he could on the same facts be charged with an offence against any other provision of this Part of thisAct.
Punishments available to courts-martial
71F112 Scale of punishments, and supplementary provisions.
1
The punishments which may be awarded by sentence of a court-martial under this Act are, subject to thefollowing provisions of this section F113and section 71A below and to the limitations hereinafter provided on the powers of certain courts-martial, as follows—
a
F114. . .
b
imprisonment,
F115bb
detention by virtue of a custodial order made under section 71AA of this Act;
F116bc
order that the convicted person be disqualified from working with children
c
dismissal with disgrace from Her Majesty’s service,
d
dismissal from Her Majesty’s service,
e
detention for a term not exceeding two years,
f
forfeiture of seniority for a specified term or otherwise,
g
reduction to the ranks or any less reduction in rank,
h
fine,
i
severe reprimand,
j
reprimand,
k
in the case of an offence which has occasioned any expense F117personal injury , loss or damage, stoppages, and
l
such minor punishments as may from time to time be authorised by the Defence Council;
and references in this Act to any punishment provided by this Act are, subject to the limitationimposed in any particular case by the addition of the word “less", references to any one or more ofthe said punishments.
For the purposes of this Part of this Act a punishment specified in any of the above paragraphs shallbe treated as less than the punishments specified in the paragraphs preceding that paragraph and greaterthan those specified in the paragraphs following it:
F118Provided that a punishment such as is mentioned in paragraph (e) of thissubsection shall not be treated as a less punishment than a punishment such as is mentioned in paragraph(b) or (bb) if the term of detention is longer than the term of imprisonment or, as the case may be, thanthe term of detention by virtue of the custodial order.
2
Subsection (1) above shall have effect—
a
in relation to a convicted person who is an officer, with the omission of paragraphs (e), (g) and (l),
b
in relation to a convicted person who is a warrant officer, with the omission of paragraphs (f) and (l),
c
in relation to a convicted person who is a non-commissioned officer, with the omission of paragraph (f),and
d
in relation to a convicted person who is a soldier, with the omission of paragraphs (f), (g), (i) and(j).
3
A person F119who, otherwise than under section 57(2) of this Act, is sentenced by a court-martial to imprisonment shall also be sentenced either to dismissal with disgracefrom Her Majesty’s service or to dismissal from Her Majesty’s service:
Provided that, if the court-martial fail to give effect to this subsection, their sentence shall notbe invalid, but shall be deemed to include a sentence of dismissal from Her Majesty’s service.
4
A warrant officer or non-commissioned officer F119who, otherwise than under section 57(2) of this Act, is sentenced by a court-martial to imprisonment, to dismissal from Her Majesty’s service (whether or notwith disgrace), or to detention, shall also be sentenced to be reduced to the ranks:
Provided that, if the court-martial fail to give effect to this subsection, their sentence shall notbe invalid, but shall be deemed to include a sentence of reduction to the ranks.
5
The amount of a fine that may be awarded by a court-martial—
a
except in the case of an offence against section 70 of this Act, shall not exceed the amount of theoffender’s pay for twenty-eight days or, where the offence was committed on active service, fifty-six days,and
b
in the said excepted case—
i
where the civil offence constituting an offence against that section is punishable by a civil court inEngland only on summary conviction, and is so punishable by a fine, shall not exceed the maximum amount ofthat fine, and
ii
where the said civil offence is punishable by a civil court in England on indictment (whether or notit is also punishable on summary conviction) by a fine, shall not exceed the maximum amount of that fine;
F120. . ..
F1215A
For the purposes of subsection (5) above, a day’s pay shall be taken to be–
a
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the punishment is awarded;
b
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
F1215B
In subsection (5A)(b) above “special member" and “ordinary member" have the same meaning as in the Reserve Forces Act 1996.
F1226
Unless the Secretary of State by order provides that this subsection shall no longer apply, the stoppages awarded by a court-martial in respect of any offence occasioning personal injury of which a person is convicted or any other such offence which is taken into consideration in determining sentence shall not exceed such sum as is for the time being specified by an order made by the Secretary of State.
7
The power to make an order under subsection (6) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
71AF123 Juveniles.
1
A person under F12418 years of age shall not be sentenced to imprisonment.
F1251A
Where—
a
a person under 21 years of age is convicted of murder or any other civil offence the sentence for which is fixed by law as imprisonment for life; or
b
a person under that age is convicted of any civil offence to which F126section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 would apply and the court is not of the opinion mentioned in subsection (2) of that section,
the court shall sentence him to custody for life unless he is liable to be detained under subsection (3) below.
F1271B
Where a person aged F12818 years or over but under 21 years of age is convicted of any other offence for which a person aged 21 years or over would be liable to imprisonment for life F129then, subject to subsection (1E) below, the court shall sentence him to custody for life if—
F130a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
it considers that a custodial sentence for life would be appropriate.
1C
For the purpose of determining whether any method of dealing with a person to whom subsection (1B) of this section applies, other than sentencing him to custody for life, is appropriate, the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.
F1311D
Subject to subsections (3) and (4) below, the only custodial sentences that a court may award where a person under F12418 years of age is convicted or found guilty of an offence are—
a
a custodial order under section 71AA of this Act or under paragraph 10 of Schedule 5A to this Act; and
b
a sentence of custody for life under subsection (1A) or (1B) above.
1E
A court may not—
a
make a custodial order under section 71AA of this Act; or
b
pass a sentence of custody for life under subsection (1B) above;
unless it is satisfied—
i
that the circumstances, including the nature and the gravity of the offence, are such that if the offender were aged F12418 or over the court would pass a sentence of imprisonment; and
ii
that he qualifies for a custodial sentence.
1F
An offender qualifies for a custodial sentence if—
a
he has a history of failure to respond to non-custodial sentences and is unable or unwilling to respond to them; or
b
only a custodial sentence would be adequate to protect the public from serious harm from him; or
c
the offence of which he has been convicted or found guilty was so serious that a non-custodial sentence for it cannot be justified.
2
F1323
A person convicted of murder F133or any other offence the sentence for which is fixed by law as life imprisonmentwho was under 18 years of age when the offence was committed shall not be sentenced to imprisonment for life F134. . .; but in lieu thereof the court shall (notwithstanding anything in this or any other Act) sentence him to be detained during Her Majesty’s pleasure, and if so sentenced he shall be liable to be detained in such place and under such conditions as the Secretary of State may direct.
4
F135In any case where—
a
a person aged 14 or over but under F12818 years of age isfound guilty of a civil offence (other than one the sentence for which is fixed) which is punishable by a civil court in England or Wales on indictment by, in the case of a person who has attained 18 years of age, a term of imprisonment for 14 years or more, F135or
b
a person under 14 years of age is found guilty of manslaughter, and, in either case, the court is of opinion that none of the other methods in which the case may be legally dealt with is suitable, F136the court may sentence that person to be detained for suchperiod, not exceeding the maximum term of imprisonment with which the offence is punishable by such a civil court in the case of an adult, as may be specified in the sentence; and where such a sentence has been passed, the person on whom it is passed shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct.
5
A sentence of F137F137custody for life ordetention under subsection (3) or (4) above shall be treated for the purposes of this Part of this Act as a punishment provided by this Act involving the same degree of punishment as a sentence of imprisonment; and section 71(3) and (4) above shall apply to such a sentence of detention F137and to a sentence of custody for life as they apply to a sentence of imprisonment.
6
A person detained pursuant to the directions of the Secretary of State under this section shall, while so detained, be deemed to be in legal custody.
F1387
A sentence of detention under section 71(1)(e) of this Act shall be treated for the purposes of this section as a non-custodial sentence and references in this section to a custodial sentence shall be construed accordingly.
71AAF139 Young service offenders: custodial orders.
1
Where a person who has attained seventeen years of age but is under twenty-one years of age is found guilty by a court-martial of an offence punishable under this Act with imprisonment, the court shall have power, F140 . . ., to make an order (in this section referred to as a “custodial order") committing him to be detained in accordance with the provisions of this section for a F141period to be specified in the order F142. . . F143which—
a
shall be not less than the appropriate minimum period, that is to say—
i
in the case of an offender who has attained eighteen years of age, the period of 21 days; or
ii
in the case of an offender who is under that age, the period of two months; and
b
shall not exceed the maximum period for which he could have been sentenced to imprisonment if he had attained the age of twenty-one years.
F1441A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1451AA
The court shall not make a custodial order committing an offender aged 17 to be detained for a period exceeding twelve months or for a period such that the continuous period for which he is committed to be detained under that order and any one or more other custodial orders exceeds twelve months.
F1461B
For the purposes of determining whether F147it is satisfied as mentioned in sub-paragraphs (i) and (ii) of subsection (1E) of section 71A of this Act with respect to any person the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.
2
If a person is outside the United Kingdom at the time a custodial order is made in respect of him, he shall as soon as practicable F148 . . . be removed to the United Kingdom.
3
A person in respect of whom a custodial order has been made shall be detained in such appropriate institution as the Secretary of State may direct, and any enactment applying to persons detained in any such institution shall apply to a person so detained under this section.
4
A custodial order shall be sufficient authority for the detention of the person subject to it in service custody until he is received into the institution specified in the Secretary of State’s direction.
F1495
The following provisions of this Act shall apply in the case of a sentence under a custodial order as they apply in the case of a sentence of imprisonment, that is to say—
a
sections 71(3) and (4), 118(1), 118A(1) and (3) 119A(3) and 145; and
b
for the period before a person sentenced under a custodial order is received into the institution where he is to be detained (or for the currency of the sentence if its term ends before he is so received), sections 119(2), (4) and (5), 122, 123, 129, 142 and 190B;
and, accordingly, references in those provisions to a sentence of imprisonment shall include for the purposes of this subsection references to a sentence under a custodial order.
6
In this section “appropriate institution” means—
F150a
where the offender is in or removed to England or Wales, any institution in which a person sentenced to detention in a young offender institution could be detained, F151section 98 of the Powers of Criminal Courts (Sentencing) Act 2000 having effect in relation to the offender as it has effect in relation to an offender sentenced to detention in a young offender institution;
F152b
where the offender is in or removed to Scotland, a young offenders institution;
c
where the offender is in or removed to Northern Ireland, a young offenders centre.
F1536A
F154Sections 16 and 17 of the Crime (Sentences) Act 1997 (as modified by section 19 of that Act)(release of young offenders) shall apply to persons released from a term of detention under a custodial order as it applies to persons released from a term of detention under a detention centre order or a term of youth custody.
F1556B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
This section does not apply to offenders who are civilians (as regards whom similar provision is made by paragraph 10 of Schedule 5A to this Act)
71ABF156Reasons to be given where custodial sentence awarded to young offender.
1
This section applies where a court—
a
makes a custodial order under section 71AA of this Act, or
b
passes a sentence of custody for life under section 71A(1B) of this Act.
2
It shall be the duty of the court—
a
to state in open court and to record in the proceedings that it is satisfied that the offender qualifies for a custodial sentence under one or more of the paragraphs of subsection (1F) of section 71A of this Act, the paragraph or paragraphs in question, and why it is so satisfied; and
b
to explain to the offender in open court and in ordinary language why it is passing a custodial sentence on him.
3
Where a court makes a custodial order and, in accordance with its duty under subsection (2) above, makes the statement required by paragraph (a) of that subsection, the matters stated shall be specified in the order (made under Imprisonment and Detention Rules) pursuant to which the offender is committed into custody.
71BF157 Power to impose imprisonment for default in payment of fines.
1
Subject to the provisions of this section, if a court-martial imposes a fine on a person found guiltyof any offence—
a
who is sentenced to imprisonment on the same occasion for the same or another offence or,
b
who is already serving or otherwise liable to serve a term of imprisonment, F158or
c
in respect of whom the court makes an order under section 71AA above on the same occasion for the sameor another offence, or
d
who is already serving or otherwise liable to serve a period of detention under such an order,
it may make an order fixing a further consecutive term of imprisonment F159or detention which the said person is to undergo if any part of the fine is not dulypaid or recovered on or before the date on which he could otherwise be released.
F1602
Subject to subsections (4) and (5) below, the Table in F161section 139(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (maximum periods of imprisonment for default inpayment of fines etc.), as F162for the time being in force , shall have effect for the purpose of determining the maximum periods of further imprisonment or detention that may be specified under subsection (1) abovefor fines of the amounts set out in that Table.
3
Where the whole amount of the said fine is paid or recovered in the prescribed manner the order undersubsection (1) above shall cease to have effect, and the person subject to it shall be released unless heis in custody for some other cause.
4
Where part of the said amount is paid or recovered in the prescribed manner, the period of the furtherterm of imprisonment F163or detention specified under subsection (1) above shall be reduced by such number of days as bears to the totalnumber of days in that period less one day the same proportion as the amount so paid or recovered bears tothe amount of the said fine.
5
In calculating the reduction required under the last preceding subsection any fraction of a day shallbe left out of account.
F1645A
An order imposing a term of detention under this section shall be given effect as if it were a custodialorder under section 71AA above.
6
In this section, references to the due recovery of any amount include references to deductions from payunder Part III of this Act, but do not include references to amounts forfeited under the said Part III.
Arrest
74 Power to arrest offenders.
1
Any person subject to military law found committing an offence against any provision of this Act, oralleged to have committed or reasonably suspected of having committed any such offence, may be arrested inaccordance with the following provisions of this section.
2
An officer may be arrested by an officer of the regular forces of superior rank, or, if engaged in aquarrel or disorder, by such an officer of any rank.
3
A warrant officer, non-commissioned officer or soldier may be arrested by any officer, warrant officeror non-commissioned officer of the regular forces:
Provided that a person shall not be arrested by virtue of this subsection except by a person ofsuperior rank.
4
A provost officer, or any officer, warrant officer F165 non-commissioned officer F166or rating legally exercising authority under a provost officer or on his behalf, may arrest any officer, warrantofficer, non-commissioned officer or soldier:
Provided that an officer shall not be arrested by virtue of this subsection except on the order ofanother officer.
5
The power of arrest given to any person by this section may (subject to the provisions of Queen’sRegulations) be exercised either personally or by ordering into arrest the person to be arrested or bygiving orders for that person’s arrest.
F183 Custody
S. 75-75E and the preceding cross heading substituted (2.10.2000) for s. 75 by 2000 c. 4, s. 1(1); S.I. 2000/2366, art. 2
F16775 Limitations on custody without charge.
1
A person arrested under section 74 of this Act shall not be kept in military custody without being charged except in accordance with sections 75A to 75C of this Act.
2
If at any time the commanding officer of a person who is kept in military custody without being charged—
a
becomes aware that the grounds for keeping that person in military custody have ceased to apply; and
b
is not aware of any other grounds on which continuing to keep that person in military custody could be justified under the provisions of this Act,
it shall be the duty of the commanding officer, subject to subsection (3) below, to order his immediate release from military custody.
3
A person who appears to his commanding officer to have been unlawfully at large when he was arrested is not to be released under subsection (2) above.
4
For the purposes of this section and sections 75A to 75K of this Act a person is to be treated as charged with an offence when he is informed in accordance with regulations of the Defence Council that a charge is to be reported to his commanding officer under section 76(1) of this Act.
F16875A Authorisation of custody without charge.
C151
Where a person is arrested under section 74 of this Act—
a
the arrest, and
b
any grounds on which he is being kept in military custody without being charged,
shall be reported as soon as practicable to his commanding officer.
2
Until such a report is made, the person may be kept in military custody without being charged, but only if the person who made the arrest has reasonable grounds for believing that keeping him in military custody without charge is necessary—
a
to secure or preserve evidence relating to an offence for which he is under arrest, or
b
to obtain such evidence by questioning him.
C153
After receiving a report under subsection (1) above the commanding officer shall as soon as practicable determine—
a
whether the requirements of subsection (4) below are satisfied, and
b
if so, whether to exercise his powers under that subsection;
and the person to whom the report relates may be kept in military custody for such period as is necessary to enable the commanding officer to make that determination.
4
If in relation to the person to whom the report relates the commanding officer has reasonable grounds for believing—
a
that keeping him in military custody without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, and
b
that the investigation is being conducted diligently and expeditiously,
he may authorise the keeping of that person in military custody.
C155
An authorisation under subsection (4) above—
a
if given less than 12 hours after the relevant time, shall end not more than 12 hours after the relevant time;
b
if given not less than 12 but less than 36 hours after the relevant time, shall end not more than 36 hours after the relevant time;
c
if given not less than 36 but less than 48 hours after the relevant time, shall end not more than 48 hours after the relevant time.
C156
A person shall not be kept in military custody later than 48 hours after the relevant time without being charged except in accordance with section 75C of this Act.
7
In this Act “the relevant time” in relation to a person arrested under section 74 of this Act means the time of the arrest.
F16975B Review of custody by commanding officer.
1
The commanding officer of a person kept in military custody in accordance with section 75A of this Act shall, subject to subsection (3) below, review the keeping of that person in military custody not later than the end of the period for which it is authorised.
2
Subsections (4) and (5) of section 75A of this Act shall apply on each review under this section as they apply where a report is received under subsection (1) of that section.
3
A review may be postponed—
a
if, having regard to all the circumstances prevailing at the expiry of the last authorisation under subsection (4) of that section, it is not practicable to carry out the review at that time;
b
without prejudice to the generality of paragraph (a) above—
i
if at that time the person in military custody is being questioned and the commanding officer is satisfied that an interruption of the questioning for the purpose of carrying out the review would prejudice the investigation in connection with which he is being questioned; or
ii
if at that time the commanding officer is not readily available.
4
If a review is postponed under subsection (3) above—
a
it shall be carried out as soon as practicable after the expiry of the last authorisation under section 75A(4) of this Act, and
b
the keeping in military custody of the person to whom the review relates shall by virtue of this paragraph be authorised until that time.
F17075C Extension of custody without charge.
1
If, on an application by the commanding officer of a person arrested under section 74 of this Act, a judicial officer is satisfied that there are reasonable grounds for believing that the continued keeping of that person in military custody is justified, the judicial officer may by order authorise the keeping of that person in military custody.
2
A judicial officer may not hear an application under this section unless the person to whom it relates—
a
has been informed in writing of the grounds for the application, and
b
has been brought before him for the hearing.
3
The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented—
a
the judicial officer shall adjourn the hearing to enable him to obtain representation, and
b
he may be kept in military custody during the adjournment.
4
For the purposes of this section, the continued keeping of a person in military custody is justified only if—
a
keeping him in custody without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him, and
b
the investigation is being conducted diligently and expeditiously.
5
Subject to subsection (7) below, an application under this section may be made—
a
at any time before the end of 48 hours after the relevant time; or
b
if it is not practicable for the application to be heard at the expiry of that period, as soon as practicable thereafter but not more than 96 hours after the relevant time.
6
Where subsection (5)(b) above applies, an authorisation on a review under section 75B of this Act may be for a period ending more than 48 hours after the relevant time, but may not be—
a
for a period of more than six hours, or
b
for a period ending more than 96 hours after the relevant time.
7
If—
a
an application under this section is made more than 48 hours after the relevant time, and
b
it appears to the judicial officer that it would have been reasonable for the commanding officer to make the application before the end of that period,
the judicial officer shall refuse the application.
8
Where on an application under this section relating to any person the judicial officer is not satisfied that there are reasonable grounds for believing that continuing to keep that person in military custody is justified, he shall—
a
refuse the application, or
b
adjourn the hearing of it until a time not later than 48 hours after the relevant time.
9
The person to whom the application relates may be kept in military custody during the adjournment.
10
The period for which a judicial officer, on an application under this section, may authorise the keeping of a person in military custody shall be such period, ending not more than 96 hours after the relevant time, as he thinks fit having regard to the evidence before him.
11
Where a judicial officer refuses an application under this section at any time less than 48 hours after the relevant time, he may direct that the person to whom it relates forthwith be charged or released from military custody.
12
Where a judicial officer refuses an application under this section at any later time, he shall direct that the person to whom it relates forthwith be charged or released from military custody.
F17175D Custody without charge: other cases.
1
Sections 75 to 75C of this Act apply—
a
where a person is delivered into military custody under section 187(2) or (3), 188(2) or 190A(3) of this Act or under Schedule 2 to the M18Reserve Forces Act 1996, and
b
in any other case where a person arrested by a constable is delivered into military custody,
as they apply where a person is arrested under section 74 of this Act, subject to such modifications as the Secretary of State may by regulations made by statutory instrument prescribe.
2
In those cases references to the relevant time are—
a
in relation to a person delivered into military custody following arrest under section 186 or 190A of this Act or paragraph 2 of Schedule 2 to the 1996 Act or otherwise following arrest by a constable, references to the time of the arrest;
b
in relation to a person delivered into military custody following surrender under section 188 of this Act or paragraph 6 of that Schedule, references to the time of the surrender.
3
Regulations under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F17275E Custody without charge: supplementary.
1
The Defence Council may by regulations make provision with respect to—
a
the delegation by the commanding officer of a person in military custody of any of the commanding officer’s functions under sections 75 to 75C of this Act;
b
circumstances in which a person kept in military custody without being charged is to be informed of, or given an opportunity to make representations about, any matter;
c
the keeping of written records relating to compliance with any requirement of sections 75 to 75C of this Act or of regulations under paragraph (b) above.
2
Any reference in sections 75A to 75C of this Act to a period of time is to be treated as approximate only.
75FF173 Custody after charge.
1
Where a person subject to military law (“the accused”) is kept in military custody after being charged with an offence against any provision of this Part of this Act, he shall be brought before a judicial officer as soon as practicable.
2
Where the accused is brought before a judicial officer in accordance with subsection (1) above, the judicial officer may by order authorise the keeping of the accused in military custody, but only if—
a
the judicial officer is satisfied that there are substantial grounds for believing that the accused, if released from military custody, would—
i
fail to attend any hearing in the proceedings against him,
ii
commit an offence while released, or
iii
interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;
b
the judicial officer is satisfied that the accused should be kept in military custody for his own protection or, if he is under 17 years of age, for his own welfare;
c
the judicial officer is satisfied that it has not been practicable to obtain sufficient information for the purpose of taking the decisions required by this subsection for want of time since the accused was charged with the offence; or
d
the accused, having been released from military custody after being charged with the offence, has deserted or absented himself without leave.
3
In taking the decision required by subsection (2)(a) above, the judicial officer shall have regard to such of the following considerations as appear to him to be relevant—
a
the nature and seriousness of the alleged offence (and the probable method of dealing with the accused for it),
b
the character, antecedents, associations and social ties of the accused,
c
the accused’s behaviour on previous occasions while charged with an offence and released from military custody or while on bail in criminal proceedings,
d
the strength of the evidence that the accused committed the offence,
as well as to any others which appear to be relevant.
4
If—
a
the accused is charged with an offence to which this subsection applies;
b
representations are made as to any of the matters mentioned in subsection (2)(a) above; and
c
the judicial officer decides not to authorise the keeping of the accused in military custody,
the judicial officer shall state the reasons for his decision and shall cause those reasons to be included in the record of the proceedings.
5
Subsection (4) above applies to any offence under section 70 of this Act where the corresponding civil offence is—
a
murder;
b
manslaughter;
c
rape;
d
attempted murder; or
e
attempted rape.
6
The period for which a judicial officer may, by an order under subsection (2) above, authorise the keeping of the accused in military custody shall be such period, ending (subject to section 75G(7) of this Act) not later than 8 days after the day on which the order is made, as he thinks fit having regard to the evidence before him.
7
An order under subsection (2) above does not authorise the keeping of the accused in military custody—
a
if the accused is subsequently released from military custody, at any time after his release; or
b
at any time after the award of punishment on summary dealing with the charge or any amended or substituted charge.
8
Subsection (1) above does not apply where the accused is charged at a time when he is kept in military custody by reason of an award or sentence under this Act or of an order under subsection (2) above, unless that reason ceases to apply.
75GF174 Review of custody after charge.
1
Where the keeping of the accused in military custody is authorised by an order under section 75F(2) of this Act, it shall be reviewed by a judicial officer not later than the end of the period for which it is authorised.
2
If at any time it appears to the accused’s commanding officer that the grounds on which such an order was made have ceased to exist, he shall—
a
release the accused from military custody, or
b
request a review.
3
Where a request is made under subsection (2) above, a review shall be carried out as soon as practicable.
4
Subsections (2) to (6) of section 75F of this Act apply on a review as they apply where the accused is brought before a judicial officer under subsection (1) of that section.
5
At the first review the accused may support an application for release from military custody with any argument as to fact or law that he desires (whether or not he has advanced that argument previously).
6
At subsequent reviews the judicial officer need not hear arguments as to fact or law which have been heard previously.
7
On a review at a hearing at which the accused is legally represented, the judicial officer may, if the accused consents, authorise the keeping of the accused in military custody for a period of not more than 28 clear days.
8
In this section “review” means a review under subsection (1) above.
75HF175 Custody during court-martial proceedings.
1
Where the accused is kept in military custody under an order under section 75F(2) of this Act at any time after the commencement of his trial by court-martial, section 75G of this Act (and section 75F as applied by that section) shall apply with the following modifications.
2
In relation to a review before the announcement of the court-martial’s finding on the charge or every charge against the accused, references to a judicial officer shall have effect as references to the judge advocate.
3
In section 75F(2), after paragraph (d) there shall be inserted— “;or
e
the accused’s case has been adjourned for inquiries or a report and it appears to the judicial officer that it would be impracticable to complete the inquiries or make the report without keeping the accused in military custody. "
4
Section 75F(3)(d) does not apply in the case of an accused who is awaiting sentence.
5
An order under section 75F(2) does not authorise the keeping of the accused in military custody after he is sentenced by the court-martial.
6
Subsection (1) above shall cease to apply (but without prejudice to any order already made by virtue of that subsection) if the court-martial is dissolved.
75JF176 Release from custody after charge or during proceedings.
1
This section applies where, at a hearing under section 75F(1) of this Act or on a review under section 75G(1) of this Act, the judicial officer or judge advocate (as the case may be) does not authorise keeping the accused in military custody.
2
Where this section applies, the accused—
a
subject to paragraph (b) below, shall be released from military custody forthwith, but
b
if he is subject to military law only by virtue of section 131 or 205(1)(ea), (eb), (g) or (h) of this Act, may be required to comply, before release or later, with such requirements as appear to the judicial officer or judge advocate (as the case may be) to be necessary for the purpose of securing his attendance at any hearing in connection with the offence to which the charge relates.
3
A person on whom a requirement has been imposed under subsection (2)(b) above is guilty of an offence if he fails without reasonable cause to attend any hearing to which the requirement relates.
4
A person guilty of an offence under this section shall be liable on conviction by court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
75KF177 Arrest during proceedings.
C161
Except where subsection (3) below applies, the commanding officer of a person subject to military law (“the accused”) who—
a
has been charged with, or is awaiting sentence for, an offence against any provision of this Part of this Act, and
b
is not in military custody,
may, if satisfied that taking the accused into military custody is justified, give orders for his arrest.
2
Subject to subsection (4) below, subsection (3) below applies between the commencement of the trial of the accused by court-martial and the announcement of the court-martial’s finding on the charge or every charge against the accused.
3
Where this subsection applies, the judge advocate, if satisfied that taking the accused into military custody is justified, may direct the arrest of the accused; and any person with power to arrest the accused for an offence against a provision of this Act shall have the same power, exercisable in the same way, to arrest him pursuant to a direction under this subsection.
4
Subsection (3) above shall cease to apply (but without prejudice to any direction already given by virtue of that subsection) if the court-martial is dissolved.
5
For the purposes of this section, taking the accused into military custody is justified if there are substantial grounds for believing that, if not taken into military custody, he would—
a
fail to attend any hearing in the proceedings against him,
b
commit an offence,
c
injure himself, or
d
interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person.
6
Taking the accused into military custody is also justified for the purposes of this section if—
a
the accused is subject to military law only by virtue of section 131 of this Act, and
b
he has failed to attend any hearing in the proceedings against him.
7
A person arrested under subsection (1) above, if kept in military custody—
a
shall be treated as being in military custody under an order under section 75F(2) of this Act, and
b
shall be brought as soon as practicable before a judicial officer to be dealt with as on a review under section 75G(1) of this Act.
8
A person arrested under subsection (3) above—
a
shall be treated as being in military custody under an order under section 75F(2) of this Act, and
b
shall be brought as soon as practicable before the judge advocate on whose direction the arrest was made (unless already before him), and shall be dealt with by him as on a review under section 75G(1) of this Act.
75LF178 Judicial officers.
1
Judicial officers shall be appointed for the purposes of this Act by the Judge Advocate General.
2
No person shall be appointed under this section unless—
a
he is qualified under section 84B(2) of this Act for appointment as the judge advocate in relation to a court-martial, F179. . .
b
he has, and has had for at least five years, in any Commonwealth country or any colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules F180or
c
immediately before his appointment, he holds a relevant judicial appointment in any Commonwealth country or colony and has professional or educational qualifications in law which appear to the Judge Advocate General to be appropriate.
F1813
In subsection (2)(c), “relevant judicial appointment”, in relation to a Commonwealth country or colony, means an appointment by virtue of which he is capable of exercising, in criminal proceedings in that country or colony, functions similar to the functions exercisable, in criminal proceedings in England and Wales, by a judge of the Supreme Court, a Circuit judge or a District Judge (Magistrates’ Courts).
C1775MF182 Custody rules.
1
The Secretary of State may make rules with respect to proceedings—
a
on an application under section 75C of this Act;
b
under section 75F(1) of this Act;
c
on a review under section 75G(1) of this Act.
2
Rules under this section may in particular make provision with respect to—
a
arrangements preliminary to the proceedings;
b
the representation of the person to whom the proceedings relate;
c
the admissibility of evidence;
d
procuring the attendance of witnesses;
e
the immunities and privileges of witnesses;
f
the administration of oaths;
g
circumstances in which a review under section 75G(1) of this Act may be carried out without a hearing;
h
the use for the purposes of the proceedings of live television links or similar arrangements, including the use of such a link or other arrangement as a means of satisfying the requirement of section 75C(2)(b), 75F(1) or 75K(7)(b) or (8)(b) of this Act for a person to be brought before a judicial officer or judge advocate;
i
the appointment of persons to discharge administrative functions under the rules.
3
Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Investigation of, and summary dealing with, charges
76F184 Investigation of charges by commanding officer
1
An allegation that a person subject to military law (“the accused") has committed an offence against any provision of this Part of this Act shall be reported, in the form of a charge, to his commanding officer.
2
A commanding officer shall investigate a charge reported to him under subsection (1) above.
3
If, in the course of investigating a charge, the commanding officer considers it appropriate to do so, he may amend the charge or substitute another charge for it and treat the amended or substituted charge as if that charge had been reported to him under subsection (1) above.
4
If, in the course of investigating a charge, it appears to the commanding officer that proceedings in respect of the matters to which the charge relates could be, and in the interests of the better administration of justice should be, taken against the accused otherwise than under this Act he may stay further proceedings with respect to the charge.
5
After investigating a charge the commanding officer may, subject to subsection (6) below—
a
dismiss the charge;
b
refer the charge to higher authority; or
c
deal summarily with the charge.
6
The commanding officer may not deal summarily with a charge if—
a
the accused is an officer or warrant officer; or
b
the charge is not capable of being dealt with summarily.
7
This section has effect subject to any power of the commanding officer under section 103A(1) below to direct that the charge be tried by a field general court-martial.
76AF185 Powers of higher authority.
1
Where a charge is referred to higher authority, the higher authority shall refer the case to the prosecuting authority unless he takes one of the steps mentioned in this section in relation to the charge.
2
The higher authority may refer the charge back to the commanding officer of the accused with a direction to dismiss it or to stay all further proceedings in relation to it, and the commanding officer shall deal with the charge accordingly.
3
If the charge is against a non-commissioned officer or soldier and is capable of being dealt with summarily, the higher authority may refer it back to the commanding officer of the accused to be so dealt with.
4
If the charge is against an officer below the rank of F186colonelor a warrant officer and is capable of being dealt with summarily, the higher authority may refer it to the appropriate superior authority to be so dealt with.
5
If the charge has been referred to the higher authority as a result of an election for court-martial trial, and that election has not been withdrawn with leave, he may not refer the charge back to the commanding officer of the accused, or (as the case may be) to the appropriate superior authority, to be dealt with summarily.
6
This section has effect subject to any power of the higher authority under section 103A(1) below to direct that the charge be tried by a field general court-martial.
76AAF187 Right to elect for court-martial trial.
C18C191
Before dealing summarily with a charge, the commanding officer or appropriate superior authority shall afford the accused the opportunity of electing court-martial trial in relation to that charge.
2
Where in accordance with regulations under section 83 of this Act two or more charges are together to be dealt with summarily, any election for court-martial trial must relate to all the charges concerned.
3
If the accused elects court-martial trial and does not withdraw his election with leave, the commanding officer or appropriate superior authority shall refer to higher authority the charge to which the election relates, with a view to the trial of the accused by court-martial.
4
If a charge has been referred to higher authority as a result of an election for court-martial trial and that election is withdrawn with leave, the higher authority shall—
a
if the accused is an officer or warrant officer, refer the charge back to the appropriate superior authority;
b
if the accused is a non-commissioned officer or soldier, refer the charge back to the commanding officer of the accused,
for the appropriate superior authority or commanding officer to deal summarily with the charge.
5
Subsection (1) above does not enable the accused to make a further election for court-martial trial in relation to a charge which has been referred back to the appropriate superior authority or commanding officer under subsection (4) above.
6
Where under section 76B(3) of this Act a charge is amended or one charge is substituted for another, subsection (1) above applies in relation to the amended or substituted charge.
76BF188 Summary dealings.
1
This section applies where a charge is to be dealt with summarily by a commanding officer or appropriate superior authority.
2
References in this Act to dealing summarily with a charge are references to the taking of the following action, namely, determining whether the charge is proved and, accordingly, either dismissing the charge or recording a finding that the charge has been proved and awarding punishment.
3
If, before determining whether the charge is proved, he considers it appropriate to do so, the commanding officer or appropriate superior authority may amend the charge or substitute another charge for it and treat the amended or substituted charge as the charge to be dealt with summarily by him.
4
If, before determining whether the charge is proved, he considers that it should not be dealt with summarily, the commanding officer or appropriate superior authority may refer the charge to higher authority.
F1895
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1896
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F190If the commanding officer or appropriate superior authority determines that the charge has been proved, he shall record a finding that the charge has been proved and award punishment accordingly.
F1898
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
This section has effect subject to any power of the commanding officer or appropriate superior authority under section 103A(1) below to direct that the charge be tried by a field general court-martial.
10
Nothing in this section or section 76A F191or 76AA above shall be taken to prevent an officer from acting as both higher authority and appropriate superior authority in relation to a charge.
76CF192 Punishments available on summary dealings.
1
This section applies where a commanding officer or appropriate superior authority records a finding that a charge against an accused has been proved.
2
The commanding officer may award one or more of the following punishments—
a
if the offender is a soldier, detention for a period not exceeding 60 days;
b
fine;
c
if the offender is a non-commissioned officer, severe reprimand or reprimand;
d
where the offence has occasioned any expense, loss or damage, stoppages;
e
any minor punishment for the time being authorised by the Defence Council.
3
The appropriate superior authority may award one or more of the following punishments—
a
except in the case of a warrant officer, forfeiture of seniority for a specified term or otherwise;
b
fine;
c
severe reprimand or reprimand;
d
where the offence has occasioned any expense, loss or damage, stoppages.
4
The commanding officer may not award a fine or minor punishment for an offence for which he awards detention.
5
The appropriate superior authority may not award a fine for an offence for which he awards forfeiture of seniority.
6
Except in the case of an offence against section 70 of this Act, the amount of a fine shall not exceed the amount of the offender’s pay for twenty-eight days.
7
In the case of an offence against section 70 of this Act where the corresponding civil offence is a summary offence, the amount of a fine shall not exceed—
a
the amount of the offender’s pay for twenty-eight days; or
b
(if less) the maximum amount of the fine which could be imposed by a civil court on summary conviction.
8
In the case of an offence against section 70 of this Act where the corresponding civil offence is an indictable offence, the amount of a fine shall not exceed—
a
the amount of the offender’s pay for twenty-eight days; or
b
(if less) the maximum amount of the fine which could be imposed by a civil court on conviction on indictment.
F1939
For the purposes of subsections (6) to (8) above, a day’s pay shall be taken to be–
a
subject to paragraph (b) below, the gross pay which is, or would apart from any forfeiture be, issuable to the offender in respect of the day on which the punishment is awarded;
b
if the offender is a special member of a reserve force, the gross pay which would have been issuable to him in respect of that day if he had been an ordinary member of that reserve force of the same rank.
F1939A
In subsection (9)(b) above “special member" and “ordinary member" have the same meaning as in the Reserve Forces Act 1996.
10
If the offender is a lance-corporal or lance-bombardier, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the offender to be reduced to the ranks.
11
If the offender is an acting warrant officer or non-commissioned officer, the commanding officer may, if he awards no other punishment or no other punishment except stoppages, order the offender—
a
to revert to his permanent rank;
b
to assume an acting rank lower than that held by him but higher than his permanent rank; or
c
where his permanent rank is that of lance-corporal or lance-bombardier, to forfeit his acting rank and be reduced to the ranks.
F19477. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19577A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19678. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19779. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19880. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
81 Confession of desertion by warrant officer, non-commissioned officer or soldier.
1
Where in accordance with Queen’s Regulations a warrant officer, non-commissioned officer or soldiersigns a written confession that he has been guilty of desertion, his commanding officer may, notwithstandinganything in the foregoing provisions of this Part of this Act, submit the confession for the considerationof F199the Defence Council or such officer not below the rank of brigadier as may beprovided by Queen’s Regulations.
C202
After considering any such confession F199the Defence Council or such officer as aforesaid may direct that the offence shall not be tried by court-martial or dealtwith summarily by the appropriate superior authority or commanding officer, and if such a direction is giventhe period of his service as respects which he confesses to have been a deserter shall be forfeited.
3
F2004
Subsections (2) to (7) of section seventeen of this Act shall apply in relation to the forfeiture ofservice by virtue of this section subject to the following modifications:—
a
F201b
for references to the date on which the offender was convicted there shall be substituted referencesto the date on which the direction was given.
82 Officers who are to act as commanding officers and appropriate superior authorities.
1
F2042
A person may act as appropriate superior authority in relation to a person charged with an offence if—
a
he is a general officer, flag officer, air officer or C21, brigadier or commodore, or
b
where the Defence Council so direct, he is a colonel or a naval or air force officer of corresponding rank.
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83F205 Regulations as to summary dealings etc.
1
The Defence Council may make regulations with respect to the investigation of charges by commanding officers and summary dealings by commanding officers and appropriate superior authorities.
2
Regulations under this section may in particular make provision with respect to—
a
the reporting of a charge to a commanding officer;
b
the procedure to be followed by a commanding officer investigating a charge;
c
the delegation by the commanding officer of any of his functions;
d
the charges which are capable of being dealt with summarily;
e
the amendment or substitution of charges;
f
the procedure on summary dealings;
g
limitations on the punishments which may be awarded on a summary dealing by a commanding officer or appropriate superior authority of a specified description;
F206gg
the procedure for making elections under section 118ZA(2) of this Act and withdrawing such elections;
h
the information to be provided to a person afforded an opportunity of electing court-martial trial;
i
the procedure for electing court-martial trial, including any period within which any such election may be made;
j
the procedure for requesting leave to withdraw an election for court-martial trial and for withdrawing any such election;
k
who may act as the higher authority and the appropriate superior authority in specified descriptions of cases;
l
who is to act as the higher authority and the appropriate superior authority in any particular case.
3
A regulation under this section which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.
F218 The summary appeal court
S. 83ZA and the preceding cross-heading inserted (2.10.2000) by 2000 c. 4, s. 14(1); S.I. 2000/2366, art. 2 (with Sch. para. 13)
F20783ZA The summary appeal court.
1
There shall be a court (in this Act referred to as “the summary appeal court") for the purpose of hearing appeals against findings recorded and punishments awarded by commanding officers and appropriate superior authorities on dealing summarily with charges.
2
The court shall consist of—
a
judge advocates appointed under section 83ZB of this Act, and
b
officers qualified under section 83ZC of this Act to be members of the court.
3
The court—
a
may sit in two or more divisions, and
b
may sit in any place, whether within or outside the United Kingdom.
4
There shall be a court administration officer for the court, who shall be an officer (or other person) appointed by the Defence Council.
5
The court shall sit at such times and in such places as may be determined by the court administration officer.
6
The court administration officer shall perform such other functions as may be prescribed by rules under section 83ZJ of this Act.
83ZBF208 Judge advocates.
1
Judge advocates in relation to the summary appeal court shall be appointed by the Judge Advocate General.
2
No person shall be appointed under this section unless he is qualified under section 84B(2) of this Act for appointment as the judge advocate in relation to a court-martial.
83ZCF209 Officers qualified for membership of summary appeal court.
1
Subject to subsections (2) and (3) below, an officer is qualified under this section for membership of the summary appeal court if he is a military officer who has held a commission in any of Her Majesty’s naval, military, or air forces for a period of not less than two years or periods amounting in the aggregate to not less than two years.
2
Subject to subsection (3) below, rules under section 83ZJ of this Act may specify circumstances in which any other military officer or a naval or air-force officer is qualified under this section for membership of the court.
3
The following are not qualified under this section for membership of the court—
a
the court administration officer,
b
an officer under the command of the court administration officer,
c
the prosecuting authority,
d
any person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990,
e
an advocate in Scotland or a solicitor who has a right of audience in the Court of Session or the High Court of Justiciary,
f
a member of the Bar of Northern Ireland,
g
a person who has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules, or
h
any person who is, or has at any time during the preceding five years been, a provost officer.
4
In this section—
“air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
“military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and
“naval officer” means an officer belonging to Her Majesty’s naval forces and subject to theNaval Discipline Act 1957.
83ZDF210 Constitution of summary appeal court for appeals.
1
For the purpose of hearing an appeal, the summary appeal court shall consist of—
a
one of the judge advocates appointed under section 83ZB of this Act, and
b
two officers qualified under section 83ZC of this Act for membership of the court.
2
Subsection (1) above has effect subject to any provision made by virtue of section 83ZJ of this Act.
3
The judge advocate for any appeal shall be specified by or on behalf of the Judge Advocate General.
4
The other members of the court for any appeal shall be specified by or on behalf of the court administration officer.
83ZEF211 Right of appeal.
1
Any person in respect of whom—
a
a charge has been dealt with summarily, and
b
a finding that the charge has been proved has been recorded,
may appeal to the summary appeal court against the finding or against any punishment awarded (or against both).
2
Subject to subsection (3) below, any appeal must be brought within the period of fourteen days beginning with the date on which the punishment was awarded (“the initial period”) or within such longer period as the court may (before the end of the initial period) allow.
3
The court may at any later time give leave for an appeal to be brought.
4
On any appeal under this section, the respondent shall be the prosecuting authority.
83ZFF212 Hearing of appeals.
1
An appeal under section 83ZE of this Act against a finding shall be by way of a rehearing of the charge.
2
An appeal under section 83ZE of this Act which relates only to the punishment awarded shall be by way of a rehearing in relation to the award of punishment.
3
Except in such cases as may be prescribed by rules under section 83ZJ of this Act, appeals shall be heard in open court.
4
Proceedings of the summary appeal court shall be conducted in accordance with the law of England and Wales.
5
Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
6
Any directions given by the judge advocate shall be binding on the court.
83ZGF213 Powers of summary appeal court.
1
On an appeal against a finding that a charge has been proved, the summary appeal court—
a
may confirm or quash the finding, or
b
in a case where the commanding officer or appropriate superior authority could validly have recorded a finding that another charge had been proved, may substitute for the finding a finding that that other charge has been proved.
2
Where the court quashes a finding—
a
the court shall quash any punishment which relates only to that finding (or to that and one or more other findings which are also quashed), and
b
the court may vary any punishment which relates both to that and one or more other findings so as to award any punishment which—
i
it would have been within the powers of the commanding officer or appropriate superior authority to award, and
ii
in the opinion of the court, is no more severe than the punishment originally awarded.
3
Where, on an appeal against a finding that a charge has been proved, the court confirms the finding or substitutes for it a finding that another charge has been proved, the court may vary the punishment awarded by the commanding officer or appropriate superior authority so as to award any punishment which—
a
it would have been within the powers of the commanding officer or appropriate superior authority to award, and
b
in the opinion of the court, is no more severe than that originally awarded.
4
On an appeal against the punishment awarded, the court—
a
may confirm the punishment awarded by the commanding officer or appropriate superior authority, or
b
may substitute any other punishment which—
i
it would have been within the powers of the commanding officer or appropriate superior authority to award, and
ii
in the opinion of the court, is no more severe than that originally awarded.
5
Any punishment awarded by the court shall have effect as if awarded on the day on which the original punishment was awarded on dealing with the charge summarily.
6
Any finding substituted or sentence awarded by the court shall be treated for all purposes as having been made or awarded by the officer who dealt summarily with the charge.
83ZHF214 Making of, and appeals from, decisions of court.
1
Subject to section 83ZF(5) of this Act, any decision of the summary appeal court when constituted as mentioned in section 83ZD(1) of this Act shall be determined by a majority of the votes of the members of the court.
2
The person who brought the appeal may question any judgment of the summary appeal court on the ground that it is wrong in law or is in excess of jurisdiction, by applying to the summary appeal court to have a case stated for the opinion of the High Court in England and Wales.
83ZJF215 Rules of summary appeal court.
1
The Secretary of State may make rules for the purpose of regulating the practice and procedure to be followed in the summary appeal court.
2
Rules under this section may, in particular, make provision—
a
as to the practice and procedure of the court in exercising functions preliminary to or incidental to the hearing of appeals under section 83ZE of this Act;
b
as to the bringing and abandonment of appeals;
c
as to the procedure for applying for leave under section 83ZE(2) or (3) of this Act;
d
as to the procedure for applying for leave, or making a reference, under section 115(5A) or (5B) of this Act;
e
as to consultation by the court administration officer with the Judge Advocate General before specifying where the court is to sit;
f
as to circumstances in which the jurisdiction of the court may be exercised by a judge advocate appointed under section 83ZB of this Act sitting alone;
g
enabling an uncontested appeal to be determined without a hearing;
h
as to the convening and constitution of the court to hear any appeal;
i
as to circumstances in which officers otherwise qualified under section 83ZC of this Act are ineligible to hear particular appeals;
j
enabling the appellant to object to members of the court;
k
as to the representation of the appellant on the hearing of appeals under section 83ZE of this Act and at any preliminary proceedings;
l
as to the admissibility of evidence;
m
as to the rehearing of an appeal where any member of the court originally constituted to hear it has been unable to continue hearing the appeal;
n
as to procuring the attendance of witnesses at the hearing of appeals and at any preliminary proceedings;
o
as to the administration of oaths;
p
as to the recording of the proceedings of the court and custody of records of the proceedings;
q
as to making copies of the records of proceedings available and as to the fees payable for such copies;
r
as to the procedure for applying to have a case stated under section 83ZH(2) of this Act.
3
Rules under this section may provide for any enactment which relates to the practice or procedure of courts-martial or to the admissibility of evidence in courts-martial to apply in relation to the court with such modifications as may be specified.
4
Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
83ZKF216 Administration of oaths to members of summary appeal court.
1
Every member of the summary appeal court shall, before first sitting as a member of the court, have administered to him by the prescribed person in the prescribed manner an oath in the prescribed form.
2
In subsection (1) above “prescribed” means prescribed by the Secretary of State by order made by statutory instrument.
3
An order made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
83ZLF217 Privileges of witnesses and others.
A witness before the summary appeal court or any other person whose duty it is to attend on or before the court shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales.
F232 The prosecuting authority
Ss. 83A-83C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. II para. 14; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F21983A The prosecuting authority.
1
Her Majesty may appoint a qualified officer belonging to Her military forces to be the prosecuting authority for the Army; and in this Act “the prosecuting authority” means the officer so appointed.
2
An officer shall not be qualified to be appointed as the prosecuting authority unless he is—
a
a person who has a ten year general qualification within the meaning of section 71 of the M19Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland of at least ten years’ standing; or
c
a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least ten years’ standing.
F22083B Functions of the prosecuting authority.
1
This section applies where a case has been referred to the prosecuting authority.
C222
If the case has been referred to him as a result of an election for court-martial trial, and that election is withdrawn with leave, the prosecuting authority shall—
a
if the accused is an officer or warrant officer, refer the case to the appropriate superior authority;
b
if the accused is a non-commissioned officer or soldier, refer the case to the commanding officer of the accused,
for the appropriate superior authority or commanding officer F221to deal summarily with the preliminary charge.
3
In subsection (2) above “the preliminary charge” means the charge F222which would have been dealt with summarily had the accused not elected court-martial trial.
4
If the prosecuting authority considers that court-martial proceedings under this Act should be instituted, he shall—
a
determine any charge to be preferred and (subject to F223subsection (5) below and section 83BB of this Act)) whether any such charge is to be tried by general court-martial or district court-martial; and
b
F224(subject to section 83BB of this Act)prefer any charge so determined by him.
5
The prosecuting authority shall not determine that a charge against an officer be tried by district court-martial.
6
The prosecuting authority shall, in accordance with rules under section 103 of this Act, notify the commanding officer of the accused and a court administration officer of any charge preferred and the description of court-martial by which that charge is to be tried; and the commanding officer shall, in accordance with any such rules, inform the accused accordingly.
7
The prosecuting authority shall have the conduct of any court-martial proceedings under this Act against the accused.
8
Without prejudice to any other power of his in relation to the conduct of the proceedings, the prosecuting authority may, in accordance with rules under section 103 of this Act—
a
amend, or substitute another charge or charges for, any charge preferred;
b
prefer an additional charge, or additional charges, against the accused;
c
discontinue proceedings on any charge.
9
The powers mentioned in subsection (8)(a) above may be exercised in relation to an amended or substituted charge as well as in relation to any charge preferred by the prosecuting authority.
F2259A
If the case has been referred to the prosecuting authority as a result of an election for court-martial trial, the prosecuting authority may not—
a
determine under subsection (4)(a) above that a charge different from that in respect of which the election was made is to be preferred, or
b
exercise any power mentioned in subsection (8)(a) or (b) above in relation to any charge against the accused before the commencement of the trial,
unless the accused has given his written consent or the charge is being referred under section 83BB of this Act.
10
The prosecuting authority may not exercise any power mentioned in subsection (8)(a) or (c) above in relation to any charge against the accused after the commencement of the trial of that charge unless the court-martial gives him leave to do so.
11
If, before the commencement of the trial of a charge against the accused (“the original charge"), the prosecuting authority exercises the power mentioned in subsection (8)(b) above, he may, in accordance with rules under section 103 of this Act, direct any additional charge to be tried by the court-martial convened to try the original charge; and where he does so, subsection (6) above shall apply with such exceptions and modifications as may be prescribed.
12
The prosecuting authority may not exercise the power mentioned in subsection (8)(b) above after the commencement of the trial of a charge against the accused unless the court-martial gives him leave to do so; and where the prosecuting authority exercises that power with the leave of the court-martial, the court may try any additional charge preferred.
F22613
If the prosecuting authority—
a
decides not to prefer any charge referred to him, or
b
before the commencement of the trial of any charge preferred by him, discontinues proceedings on that charge,
he may direct that, for the purposes of section 134 of this Act, the accused is to be deemed to have been tried by court-martial for the offence charged.
14
If, after the commencement of the trial of any charge, the prosecuting authority discontinues proceedings on that charge, the court-martial may give a direction such as is mentioned in subsection (13) above.
83BBF227 Cases where charge may be referred back to commanding officer.
C231
Where—
a
a case has been referred to the prosecuting authority as a result of an election for court-martial trial, and
b
the prosecuting authority considers that a charge different from, or additional to, the preliminary charge should be preferred,
the prosecuting authority may refer back to the commanding officer of the accused the charge or charges which the prosecuting authority considers should be preferred.
2
In subsection (1) above—
a
“the preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial, and
b
the reference to preferring a charge different from, or additional to, the preliminary charge includes a reference to amending, or substituting another charge for, a charge already preferred.
F2282A
Where—
a
a case has been referred to the prosecuting authority otherwise than as a result of an election for court-martial trial,
b
the prosecuting authority—
i
in respect of the case or part of the case, does not determine any charge to be preferred, or
ii
before the commencement of the trial of any charge preferred, discontinues proceedings on that charge, and
c
the accused is below the rank of colonel,
the prosecuting authority may refer the case, or the part concerned, back to the commanding officer of the accused.
3
Where a charge is referred to a commanding officer under subsection (1) F229or (2A)above, the commanding officer shall deal with the charge as if it had been reported to him under section 76(1) of this Act.
83BCF230 Power of prosecuting authority to advise police forces
1
The prosecuting authority may give advice to police forces on all matters relating to offences under this Act (including offences under the Reserve Forces Act 1996 which by virtue of subsection (1) of section 103 of that Act are treated for the purposes mentioned in that subsection as being offences under this Act).
2
In this section “police force” means any of the following—
a
the Royal Military Police;
b
the Royal Navy Regulating Branch;
c
the Royal Air Force Police;
d
the Ministry of Defence Police;
e
any police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);
f
the metropolitan police force;
g
the City of London police force;
h
any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967;
i
the Police Service of Northern Ireland;
j
the British Transport Police;
k
the National Crime Squad.
F23183C Prosecuting officers.
1
The prosecuting authority may delegate any of his functions to officers appointed by him as prosecuting officers.
2
An officer shall not be appointed as a prosecuting officer unless he is—
a
a person who has a general qualification within the meaning of section 71 of the M20Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland; or
c
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland.
Courts-martial: general provisions
F23384. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84AF234 Court administration officers.
In this Act—
“court administration officer” means an officer (or other person) appointed by the Defence Council to convene general and district courts-martial and perform such other functions as may be prescribed; and
“the court administration officer”, in relation to a court-martial, means the court administration officer who convened the court-martial and includes his successor or any person for the time being exercising his or his successor’s functions.
F23584B Judge advocates.
1
In this Act “the judge advocate”, in relation to a court-martial, means the judge advocate appointed by or on behalf of the Judge Advocate General to be a member of the court-martial.
2
No person shall be appointed as the judge advocate unless he is—
a
a person who has a five year general qualification within the meaning of section 71 of the M21Courts and Legal Services Act 1990;
b
an advocate in Scotland of at least five years’ standing or a solicitor who has had a right of audience in the Court of Session or the High Court of Justiciary for at least five years; or
c
a member of the Bar of Northern Ireland of at least five years’ standing.
3
Rulings and directions on questions of law (including questions of procedure and practice) shall be given by the judge advocate.
4
Any directions given by the judge advocate shall be binding on the court.
F23684C Convening of general and district courts-martial.
1
On being notified by the prosecuting authority of the charge preferred and the description of court-martial by which the charge is to be tried, a court administration officer shall by order convene a court-martial of that description.
2
The order convening the court-martial shall specify—
a
the date, time and place at which the court-martial is to sit;
b
the officers who are to be members of the court-martial;
c
which of those officers is to be president of the court-martial;
F237cc
any warrant officers who are to be members of the court-martial;
d
any other officers F238or warrant officers appointed for the purpose of filling vacancies,
and shall state that a judge advocate appointed by or on behalf of the Judge Advocate General is to be a member of the court-martial.
3
At any time before the commencement of the trial, the court administration officer may, in accordance with rules under section 103 of this Act, amend or withdraw the order convening the court-martial.
4
The following shall not be eligible to be members of a court-martial for the trial of a charge—
a
the court administration officer;
b
an officer who at any time between the date on which the preliminary charge was reported to the commanding officer of the accused and the date of the trial has been the commanding officer of the accused;
c
the higher authority to whom the preliminary charge against the accused was referred;
d
any other officer who has investigated the subject matter of the charge against the accused;
e
any other officer F239or warrant officer who under this Act has held, or has acted as one of the persons holding, an inquiry into matters relating to the subject matter of the charge against the accused.
5
In subsection (4) above “the preliminary charge” means the charge referred to higher authority by the commanding officer of the accused.
84DF240 Constitution of general and district courts-martial
1
A general court-martial shall consist of—
a
the president, who shall be a military officer,
b
the judge advocate, and
c
at least four other persons of whom—
i
two shall each be either a military officer or a military warrant officer, and
ii
the rest shall be military officers.
2
A district court-martial shall consist of—
a
the president, who shall be a military officer,
b
the judge advocate, and
c
at least two other persons of whom—
i
one shall be either a military officer or a military warrant officer, and
ii
the rest shall be military officers.
3
An officer shall not be appointed as the president of a general or district court-martial unless he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period.
4
The president of a general or district court-martial shall not be below the rank of field officer unless in the opinion of the court administration officer a field officer having suitable qualifications is not, with due regard to the public service, available; and in any event the president of such a court-martial shall not be below the rank of captain.
5
An officer shall not be appointed under subsection (1)(c) above as a member of a general court-martial or under subsection (2)(c) above as a member of a district court-martial unless—
a
he has held a commission in any of Her Majesty’s naval, military or air forces for a period of not less than the qualifying period or for periods amounting in the aggregate to not less than the qualifying period, or
b
immediately before receiving his commission, he was a warrant officer in any of those forces.
6
In subsections (3) and (5) above “the qualifying period” means—
a
in relation to a general court-martial, three years, and
b
in relation to a district court-martial, two years.
7
A general or district court-martial shall not include any warrant officer unless the court-martial is for the trial of a person of a rank below that of the warrant officer concerned.
8
A general or district court-martial shall not include an officer appointed under subsection (1)(c) or (2)(c) above who qualifies under subsection (5) above only by virtue of paragraph (b) of that subsection, unless the court-martial is for the trial of a person of a rank below that which the officer held immediately before he received his commission.
9
Not more than two of the members of a general court-martial appointed under subsection (1)(c) above shall be of a rank below that of captain; and, in the case of a general court-martial for the trial of an officer above the rank of captain, all the members so appointed shall be of or above the rank of captain.
10
If, in the opinion of the court administration officer, the necessary number of military officers or military warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(c) or (2)(c) above, he may appoint under that provision—
a
any naval or air-force officer having qualifications corresponding to those required for a military officer, or
b
where a military warrant officer could be appointed, any naval or air-force warrant officer having qualifications corresponding to those required for a military warrant officer.
11
In this section—
“air-force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
“air-force warrant officer” means a warrant officer belonging to Her Majesty’s air forces and subject to air-force law;
“military officer” means an officer belonging to Her Majesty’s military forces and subject to military law;
“military warrant officer” means a warrant officer belonging to Her Majesty’s military forces and subject to military law;
“naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957;
“naval warrant officer” means a warrant officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957.
85 Powers of different descriptions of court-martial.
1
A general court-martial shall have power to try any person subject to military law for any offence whichunder this Act is triable by court-martial, F241and, subject to section 85A below, to award for any such offence any punishment authorised bythis Act for that offence.
2
A district court-martial shall have the powers of a general court-martial except that it shall not tryan officer or sentence a warrant officer to imprisonment, discharge with ignominy, dismissal or detention,and shall not award the punishment F242. . . of imprisonment for a term exceeding two years F243or make an order committing a person to be detained under section 71AA of this Actfor a period exceeding two years.
F2443
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
85AF245 Powers of court-martial where accused elected court-martial trial.
1
Where a court-martial tries a person in pursuance of an election for court-martial trial, the court shall not award any punishment which could not have been awarded by the commanding officer or appropriate superior authority who would have dealt summarily with the preliminary charge if the election had not been made.
2
In subsection (1) above “the preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial.
3
For the purposes of this section a court-martial is not to be regarded as trying a person in pursuance of an election for court-martial trial if, since the election was made, the prosecuting authority has referred the charge back to the commanding officer under section 83BB of this Act.
F24686. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24787. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24888. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24989. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25090. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
91 Place for sitting of courts-martial and adjournment to other places.
1
2
A court-martial sitting at any place F253may if it appears to the court requisite in the interests of justiceto sit at some other place, adjourn for the purpose of sitting at that other place.
Courts-martial: provisions relating to trial
92 Challenges by accused.
1
An accused about to be tried by any court-martial shall be entitled to object, on any reasonablegrounds, to any member of the court, whether appointed originally or in lieu of another F254member.
2
For the purpose of enabling the accused to avail himself of the right conferred by the last foregoingsubsection, the names of the members of the court shall be read over in the presence of the accused before F255the officers appointed members F256, and any warrant officers so appointed, are sworn, and he shall be asked whether he objects to any of F257the members.
3
4
5
If F262an objection to any other officer appointed a member of the court F263or to any warrant officer so appointed is allowed, the F264officerF265or warrant officer objected to shall retire and the vacancy may, and ifotherwise the number of F266members who are officers or warrant officers would be reduced below the legal minimum shall, be filled in the prescribedmanner by F267another person (who may be either an officer or, where the vacancy could in accordance with this Act be filled by a warrant officer, a warrant officer).
F2686
If an objection to the judge advocate is allowed, the judge advocate shall retire and another judge advocate shall be appointed by or on behalf of the Judge Advocate General.
C2493 Administration of oaths.
1
F2741A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2751B
A witness before a court-martial—
a
shall be examined on oath if he has attained the age of fourteen; and
b
shall give evidence unsworn if he is under that age.
2
Unsworn evidence admitted by virtue of subsection (1B)(b) above may corroborate evidence (sworn or unsworn) given by any other person.
F2762A
Unsworn evidence admitted by virtue of the proviso to subsection (2) above may corroborate evidence (sworn or unsworn) given by any other person.
3
An oath required to be administered under this section shall be in the prescribed form and shall beadministered at the prescribed time by the prescribed person and in the prescribed manner.
94 Courts-martial to sit in open court.
1
Subject to the provisions of this section, a court-martial shall sit in open court and in the presenceof the accused.
2
Nothing in the last foregoing subsection shall affect the power of a court-martial to sit in camera onthe ground that it is necessary or expedient in the interests of the administration of justice to do so;and without prejudice to that power a court-martial may order that, subject to any exceptions the court mayspecify, the public shall be excluded from all or any part of the proceedings of the court if it appearsto the court that any evidence to be given or statement to be made in the course of the proceedings or thatpart, as the case may be, might otherwise lead to the disclosure of any information which would or mightbe directly or indirectly useful to an enemy.
3
A court-martial shall sit in closed court while deliberating on their finding or sentence on any charge.
4
A court-martial may sit in closed court on any other deliberation amongst the members.
5
Where a court-martial sits in closed court no person shall be present except the members of the courtand such other persons as may be prescribed.
F2776
The judge advocate shall not be present while the other members of the court are deliberating on their finding on any charge.
F2777
Any ruling or direction of the judge advocate on a question of law (including a question of procedure or practice) shall be given in open court.
F2778
The judge advocate may determine, and give rulings on, questions of law (including questions of procedure and practice) in the absence of the other members of the court and of any officers and other persons under instruction.
95 Dissolution of courts-martial.
1
F2801A
Where, after the commencement of the trial, it appears to the judge advocate necessary or expedient in the interests of the administration of justice that a court-martial should be dissolved, he may by order dissolve the court-martial.
2
Without prejudice to the generality of the last foregoing subsection, if after the commencement of thetrial a court-martial is, by reason of the death of one of the members or for any other reason, reducedbelow the legal minimum, it shall be dissolved.
3
If after the commencement of the trial the president dies or is otherwise unable to attend and the courtis not reduced below the legal minimum, then—
a
if the senior member of the court is of the rank of captain or corresponding rank or is of higher rank,the F281judge advocate may appoint him president and the trial shall proceed accordingly; but
b
if he is not, the court shall be dissolved.
F2824
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
Where a court-martial is dissolved under the foregoing provisions of this section the accused may betried by another court.
96 Decisions of courts-martial.
1
Subject to the provisions of this section, F283the finding of a court-martial and any sentence awardedshall be determined by a majority of the votes of the members of the court.
F2841A
The judge advocate shall not be entitled to vote on the finding.
2
In the case of an equality of votes on the finding, the court shall acquit the accused.
F2853
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2854
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In the case of an equality of votes on the sentence, F286. . ., the president shall have a second or casting vote.
C2597 Finding and sentence.
1
Without prejudice to the provisions of section ninety-four of this Act, the finding of a court-martialon each charge shall be announced in open court.
F2872
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
98 Power to convict of offence other than that charged.
1
An accused charged before a court-martial with an offence under this Act may, on failure of proof ofthe offence having been committed under circumstances involving a higher degree of punishment, be foundguilty of the offence as having been committed under circumstances involving a less degree of punishment.
2
An accused charged before a court-martial with any offence may be found guilty of attempting to committhat offence.
3
An accused charged before a court-martial with attempting to commit an offence may be convicted on thatcharge notwithstanding that it is proved that he actually committed the offence.
4
Where an accused is charged before a court-martial under section seventy of this Act in respect ofattempting to commit a civil offence, he may be convicted on that charge notwithstanding that it is provedthat he actually committed the civil offence.
5
Where an accused is charged before a court-martial with an offence against section seventy of this Act,and the corresponding civil offence is one in proceedings for which, if he had been tried by a civil courtfor committing the offence in England, he might have been found guilty of another civil offence, then ifthe court finds that he has committed that other civil offence he may be convicted of an offence againstsection seventy of this Act in respect of the commission of that other civil offence.
6
An accused charged before a court-martial with an offence specified in the first column of the ThirdSchedule to this Act may be found guildy of an offence specified in relation thereto in the second columnof that schedule.
99 Rules of evidence.
C261
The rules as to the admissibility of evidence to be observed in proceedings before courts-martial shall F290, subject to section 99A below F291to Schedule 13 to the Criminal Justice Act 1988 (evidence before courts-martial etc.)F292and to service modifications, be the same as those observed in F293trials on indictment in England, and no person shall be required inproceedings before a court-martial to answer any question or to produce any document which he could not berequired to answer or produce in similar proceedings F294in a trial on indictment in England.
F2951A
In this section “service modifications” means such modifications as the Secretary ofState may by regulations made by statutory instrument prescribe, being modifications which appear to himto be necessary or proper for the purposes of proceedings before a court-martial; and it is hereby declaredthat in this section—
“rules” includes rules contained in or made by virtue of an enactment; and
“enactment” includes an enactment contained in an Act passed after this Act.
1B
Regulations under subsection (1A) above may not modify section 99A below.
1C
Regulations under subsection (1A) above shall be subject to annulment in pursuance of a resolution ofeither House of Parliament.
2
F296C263
A court-martial shall take judicial notice of all matters of notoriety, including all matters withinthe general service knowledge of the court, and of all other matters of which judicial notice would be takenin a F297trial on indictmentin England.
99AF298 Proof at courts-martial by written statement.
C271
F299Without prejudice to section 99 above, section 9 of the M22Criminal Justice Act 1967 (proof by written statement) shall applysubject to subsection (2) below and to service modifications, for the purposes of proceedings beforecourts-martial (whether held in the United Kingdom or not) as it applies to proceedings on indictment.
C272
The statements rendered admissible by this section are statements made—
a
in the United Kingdom by any person, and
b
outside the United Kingdom by any person who at the time of making the statement was—
i
a person subject to service law, or
ii
3
In subsection (1) above “service modifications” means—
a
modifications made by any regulations under section 12 of the M27Criminal Justice Act1967 in force on the coming into force of this section, and
b
such modifications in the said section 9, as applied by subsection (1) above, as the Secretary of Statemay by regulations made by statutory instrument prescribe thereafter, being modifications which appear tohim to be necessary or proper for the purpose of the operation of that section in relation to proceedingsbefore a court-martial.
4
Regulations under subsection (3)(b) above shall be subject to annulment in pursuance of a resolutionof either House of Parliament.
C275
Section 89 of the said Act of 1967 (punishment of making false statements tendered under section 9)shall apply to any statement rendered admissible by this section.
100 Privilege of witnesses and others at courts-martial.
A witness before a court-martial or any other person whose duty it is to attend on or before the courtshall be entitled to the same immunities and privileges as a witness before the High Court in England.
101 Offences by civilians in relation to courts-martial.
F3001
Where in the United Kingdom or in any colony any person not subject to military law—
a
having been duly summoned to attend as a witness before a court-martial, fails to comply with thesummons, or
b
refuses to swear an oath when duly required by a court-martial to do so, or
c
refuses to produce any F301document or other thing which is in his custody or under his control and which a court-martial has lawfully required him to produce, or
d
when a witness, refuses to answer any question which a court-martial has lawfully required him toanswer, or
e
wilfully insults any person, being a member of a court-martial or a witness or any other person whoseduty it is to attend on or before the court, while that person is acting as a member thereof or is soattending, or wilfully insults any such person as aforesaid while that person is going to or returning fromthe proceedings of the court, or
f
wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court, or
g
does any other thing which would, if the court-martial had been a court of law having power to commitfor contempt, have been contempt of that court,
the president of the court-martial may certify the offence of that person under his hand to any courtof law in the part of the United Kingdom or in the colony, as the case may be, where the offence is allegedto have been committed, being a court having power to commit for contempt, and that court of law maythereupon inquire into the alleged offence and after hearing any witnesses who may be produced against oron behalf of the person charged with the offence, and after hearing any statement that may be offered indefence, punish or take steps for the punishment of that person in like manner as if he had been guilty ofcontempt of the court to which the offence is certified:
Provided that where the offence is alleged to have been committed in the United Kingdom and thecourt-martial was held outside the United Kingdom, the certifying of the offence may be done by F302the Defence Council or any officer authorised by them.
F3032
In subsection (1) of this section references in paragraphs (a) to (g) to a court-martial or to a member of a court-martial include references to a judicial officer and, in relation to an offence committed in relation to a judicial officer—
a
the reference to the president of the court-martial is a reference to the judicial officer, and
b
the reference to a court-martial held outside the United Kingdom is a reference to the judicial officer sitting outside the United Kingdom.
F3043
In subsection (1) of this section references in paragraphs (a) to (g) to a court-martial include references to the summary appeal court and, in relation to an offence committed in relation to that court—
a
the reference to the president of the court-martial is a reference to the judge advocate in relation to the summary appeal court, and
b
the reference to a court-martial held outside the United Kingdom is a reference to the summary appeal court sitting outside the United Kingdom.
102 Affirmations.
1
If—
a
a person required by virtue of this Act to take an oath for the purposes of proceedings before acourt-martial objects to being sworn, F305, or
b
it is not reasonably practicable to administer an oath to such a person as aforesaid in the mannerappropriate to his religious belief,
he shall be permitted to make a solemn affirmation in the prescribed form instead of taking an oath.
F3062
A person who may be permitted under this section to make his solemn affirmation may also be requiredto do so, and for the purposes of this section “reasonably practicable” means reasonably practicable without inconvenience or delay.
O ffences: procedure
103F307 Rules.
1
The Secretary of State may make rules with respect to—
a
the investigation, prosecution and trial of, and awarding of punishment for, offences cognizable by courts-martial;
b
the review of findings and sentences of courts-martial.
2
Rules under this section may in particular make provision with respect to—
a
proceedings preliminary to trials by general or district courts-martial;
b
the appointment of a judge advocate for any preliminary proceedings;
c
the delegation by court administration officers of any of their functions;
d
the convening and constitution of general and district courts-martial;
e
the sittings, adjournment and dissolution of general and district courts-martial;
f
the procedure to be followed in trials by general and district courts-martial;
g
the representation of the accused at such trials and any preliminary proceedings;
h
procuring the attendance of witnesses at such trials and any preliminary proceedings;
i
enabling a general or district court-martial, in such cases and to such extent as may be prescribed, to amend a charge which is being tried by the court;
j
enabling a general or district court-martial, where the particulars proved or admitted at the trial differ from those alleged in the charge but are sufficient to support a finding of guilty of the like offence as that charged, to make a finding of guilty subject to exceptions or variations specified in the finding if it appears to the court that the difference is not so material as to have prejudiced the accused in his defence;
k
directing that the powers conferred by section 7 of the M28Bankers’ Books Evidence Act 1879 (which enables orders to be made for the inspection of bankers’ books for the purposes of legal proceedings) may be exercised for the purposes of a general or district court-martial (whether within or without the United Kingdom) by the commanding officer of the accused or a judge advocate as well as by the court or a judge within the meaning of that Act;
l
the forms of orders and other documents to be made for the purposes of any provision of this Act or of rules under this section;
m
the cases in which, and extent to which, offences may be taken into consideration by a general or district court-martial and the powers of the court in relation to any offences taken into consideration;
n
the recording of the proceedings of a general or district court-martial;
o
the procedure to be followed on review of findings and sentences of general or district courts-martial.
3
Rules made by virtue of paragraph (i) of subsection (2) above shall secure that the power to amend charges is not exercisable in circumstances substantially different from those in which indictments are amendable by a civil court in England, or otherwise than subject to the like conditions, as nearly as circumstances admit, as those subject to which indictments are so amendable.
F3083A
Rules under this section may make provision as to the application of sections 83B and 83BB of this Act in relation to cases where an election for court-martial trial relates to two or more charges.
4
A rule under this section which is inconsistent with the provisions of this Act shall to the extent of the inconsistency be void.
5
Rules under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F325 Field General Courts-Martial
Ss. 103A-103C and cross-heading inserted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 5, Sch. 1 Pt. III para. 31; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F309103A Field general courts-martial.
1
Where an officer to whom this subsection applies—
a
is commanding a body of the regular forces on active service; and
b
is of opinion that it is not possible without serious detriment to the public service for a charge against a member of that body to be tried by a general or district court-martial,
he may direct that the charge be tried by a field general court-martial.
2
Subsection (1) above applies to—
a
the commanding officer who has investigated the charge;
b
the commanding officer or appropriate superior authority who has determined on a summary dealing that the charge against the accused has been proved, in a case where the accused has elected court-martial trial and that election has not been withdrawn;
c
where the charge is against an officer or warrant officer, the higher authority to whom the charge has been referred by the commanding officer.
3
If an officer to whom subsection (1) above applies directs that a charge be tried by a field general court-martial, he shall by order convene a field general court-martial.
4
The order convening the field general court-martial shall specify—
a
the date, time and place at which the court-martial is to sit;
b
the officers who are to be members of the court-martial;
c
which of those officers is to be president of the court-martial.
F310d
any warrant officer who is to be a member of the court-martial.
F3114A
Where a judge advocate, as defined by section 103B(4) of this Act, is to be a member of a field general court-martial, the order convening the court-martial shall state that fact, and state whether the judge advocate is to be appointed by or on behalf of the Judge Advocate General or by the officer convening the court-martial.
5
At any time before the commencement of the trial, the officer who convened the field general court-martial may, in accordance with rules under section 103C of this Act, amend or withdraw the order convening the court-martial.
6
Subject to subsection (7) below, the officer convening the field general court-martial shall not be a member of the court-martial.
7
The officer convening the field general court-martial may be its president if, in his opinion, it is not possible, without serious detriment to the public service, to appoint another officer as president.
F312103B Constitution of field general courts-martial.
1
Subject to subsections (2) and (3) below, a field general court-martial shall F313consist of-
a
the president, who shall be a military officer, and
b
at least two persons appointed under this paragraph, of whom—
i
one shall be either a military officer or a military warrant officer, and
ii
the rest shall be military officers.
2
If the officer who convened the field general court-martial is of opinion that F314three persons having suitable qualifications are not available for appointment under subsection (1)(a) and (b) above without serious detriment to the public service, the field general court-martial shall consist of the president and one other military officer.
3
Unless the officer convening the field general court-martial is of opinion that a judge advocate is not available without serious detriment to the public service, a judge advocate shall be a member of the court-martial.
4
In subsection (3) above, “a judge advocate” means a judge advocate appointed by or on behalf of the Judge Advocate General or, if the officer convening the field general court-martial is of opinion that no such judge advocate is available without serious detriment to the public service, a qualified officer appointed by that officer.
5
An officer is “qualified” for the purposes of subsection (4) above if he is—
a
a person who has a general qualification within the meaning of section 71 of the M29Courts and Legal Services Act 1990;
b
an advocate or solicitor in Scotland; or
c
a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland.
6
The president of a field general court-martial shall not be below the rank of captain.
F3156A
A field general court-martial shall not include any warrant officer unless the court-martial is for the trial of a person of a rank below that of the warrant officer concerned.
F3167
If a field general court-martial is to be convened at any place where, in the opinion of the officer convening it, the necessary number of military officers or military warrant officers having suitable qualifications is not, with due regard to the public service, available for appointment under subsection (1)(b) above, he may appoint under that provision—
a
any naval or air-force officer having qualifications corresponding to those required for a military officer, or
b
where a military warrant officer could be appointed, any naval or air-force warrant officer having qualifications corresponding to those required for a military warrant officer.
8
A field general court-martial shall have the powers of a general court-martial except that where F317only two persons, apart from any judge advocate (as defined by subsection (4) above), are members of the court the sentence shall not exceed imprisonment for a term of two years or detention under section 71AA of this Act for a period of two years.
9
In this section—
“air force officer” means an officer belonging to Her Majesty’s air forces and subject to air-force law;
F318“air-force warrant officer” means a warrant officer belonging to Her Majesty’s air forces and subject to air-force law;
“military officer” means an officer belonging to Her Majesty’s military forces and subject to military law; and
F319“military warrant officer” means a warrant officer belonging to Her Majesty’s military forces and subject to military law;
“naval officer” means an officer belonging to Her Majesty’s naval forces and subject to the M30Naval Discipline Act 1957.
F320“naval warrant officer” means a warrant officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957.
F321103C Field General Court-Martial Rules.
1
The Secretary of State may by statutory instrument make rules with respect to field general courts-martial.
2
Rules under this section may in particular—
a
provide for any provision of this Act relating to general or district courts-martial or the proceedings of such courts-martial to apply to field general courts-martial or the proceedings of such courts-martial with the necessary modifications;
b
make any provision with respect to field general courts-martial which may be made with respect to general and district courts-martial by rules under section 103 of this Act.
F322104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F323105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F324106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Confirmation, revision and review of proceedings of courts-martial
F326107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F327108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F328109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F329110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F330111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F339 Review of proceedings of courts-martial
S. 112 and cross-heading substituted (1.4.1997 subject to art. 3 of the commencing S.I.) by 1996 c. 46, s. 16, Sch. 5 para. 3; S.I. 1997/304, art. 2 (with transitional provisions in Sch. 2)
F331112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113F332 Review of findings and sentences of courts-martial.
1
Where a court-martial has found the accused guilty of any offence, the accused may, before the end of the prescribed period after sentence is passed, present a petition to the Defence Council against finding or sentence or both.
2
The reviewing authority shall, in accordance with subsections (3) and (4) below, review any finding of guilt made, and sentence passed, by a court-martial.
3
The review under this section shall (if it does not begin sooner) begin as soon as is practicable after—
a
in a case where a petition has been presented under this section, the presentation of the petition;
b
in any other case, the end of the period within which a petition under this section may be presented.
4
Where an application for leave to appeal to the Courts-Martial Appeal Court against a finding or sentence has been made before the review under this section of the finding or sentence has been completed—
a
the reviewing authority shall complete the review as soon as is practicable; but
b
if leave to appeal is granted before the review has been completed, the authority shall cease considering the review.
5
For the purposes of this Act the reviewing authority is—
a
the Defence Council; or
b
any officer to whom all or any of the powers of the Defence Council as reviewing authority may be delegated by the Defence Council.
F3336
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F334113AA Powers of the reviewing authority.
1
On a review under section 113 of this Act of a finding or sentence of a court-martial the reviewing authority has the following powers.
2
In so far as the review is of a finding of guilt, the authority may—
a
quash that finding and, if the sentence relates only to that finding, quash the sentence passed in consequence of that finding;
b
substitute a finding mentioned in subsection (3) below if that finding could have been validly made by the court-martial and the authority is of the opinion that the court-martial must have been satisfied of facts which would justify the making of that finding;
and, where another finding is so substituted, the authority may pass any such sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) open to a court-martial on making such a finding as appears proper.
3
The findings referred to in subsection (2) above are—
a
any finding of guilt which could have been validly made by the court-martial on the charge before it;
b
if the court-martial recorded no finding on a charge alternative to a charge on which the court made the finding being reviewed, a finding of guilt on that alternative charge.
4
In so far as the review is of a sentence, the authority may quash the sentence or substitute a sentence (not being, in the opinion of the authority, more severe than the sentence originally passed) which was open to the court-martial.
5
In reviewing a sentence, the authority may—
a
revoke an order made by the court under section 120A(1) of this Act;
b
remit in whole or part any punishment awarded by the court;
c
commute any such punishment for one or more punishments provided by this Act, being less than the punishment commuted.
6
Where it appears to the reviewing authority that the court-martial, in sentencing the accused, exceeded or erroneously exercised its powers to take other offences into consideration, the authority shall (whether or not substituting a different sentence or remitting or commuting punishment) annul the taking into consideration of the other offence or offences in question and any orders dependent thereon; and where the authority does so the offence or offences shall be treated for all purposes as not having been taken into consideration.
7
Any substituted finding or sentence, or sentence having effect after the remission or commutation of punishment—
a
shall be treated for all purposes as having been made or passed by the court;
b
shall be promulgated and shall have effect as from the date of promulgation.
C28113AF335 Power of reviewing authority to authorise retrial.
1
The following provisions of the M31Courts-Martial (Appeals) Act 1968, that is tosay,—
section 19,
section 20, and
Parts II and IV of Schedule 1,
(power of Courts-Martial Appeal Court to authorise retrial and supplementary provisions applicable whenthe power is exercised) shall apply with any necessary modifications in relation to the review by F336the reviewing authority under section 113 of this Act of the findings of a court-martial, as theyapply in relation to an appeal to the Courts-Martial Appeal Court.
2
Any document purporting to be an order or direction made or given by virtue of the foregoing subsectionby the F337reviewing authority shall be evidence of the making of the order or the giving of the direction, as thecase may be, and of its contents.
F338114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Review of summary findings and awards
115F340 Review of summary findings and awards
1
This section applies where a charge has been dealt with summarily and a finding has been recorded that the charge has been proved.
F3412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The finding or any punishment awarded (or both) may be reviewed at any F342. . . time.
4
A review under this section shall be carried out in accordance with the provisions of Queen’s Regulations.
5
A review under this section may be carried out by—
a
the Defence Council;
b
any military, naval or air-force officer superior in command to the officer who dealt summarily with the charge;
c
a general officer or brigadier appointed by the Defence Council to carry out the review or any class of review which includes the review.
F343C295A
Where—
a
the period of fourteen days referred to in subsection (2) of section 83ZE of this Act has expired, and
b
no appeal has been brought under that section,
the authority carrying out a review under this section may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both) to that court to be considered by it as on an appeal.
F343C295B
Where an appeal has been brought under section 83ZE of this Act and it appears to the authority carrying out a review under this section, on consideration of matters appearing to him not to have been brought to the notice of the summary appeal court on the appeal, to be expedient to do so, he may, with the leave of the summary appeal court, refer the finding or any punishment awarded (or both), including any finding or punishment substituted or awarded by the summary appeal court, to that court to be co sidered or reconsidered by that court as on an appeal.
F3435C
A reference to the summary appeal court under subsection (5A) or (5B) of this section shall for the purposes of this Act be treated as an appeal brought by the person to whom the finding or punishment relates against the finding or punishment.
F3435D
In a case where exceptionally the authority carrying out a review under this section of a finding considers it necessary to do so, the authority may quash that finding and, if the punishment relates only to that finding, quash the punishment awarded in consequence of that finding.
F3435E
The powers conferred by subsection (5D) of this section are exercisable whether or not the conditions in subsection (5A)(a) and (b) are satisfied.
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3417
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Findings of insanity
C30116 Provisions where accused found insane.
1
Where, on the trial of a person by court-martial, it appears to the court that the accused is F344 unfit to stand his trial, the court shall so find; and if the finding isconfirmed in accordance with the following provisions of this section the accused shall be kept in custodyin such manner as may be provided by or under regulations of F345the Defence Council until the directions of Her Majesty are known or until any earlier time at which the accused is fitto stand his trial.
F346For purposes of this subsection “unfit to stand his trial” means under any disability such as apart from the M32Criminal Procedure (Insanity) Act 1964 would constitute a bar to a trial on indictment in Englandor Wales.
2
Where, on the trial of a person by court-martial, it appears to the court that the evidence is such as,apart from any question of insanity, to support a finding that the accused was guilty of any offence, butthat at the time of the acts or omissions constituting that offence the accused was insane, the court shallfind that the accused F347was not guilty of that offence by reason of insanity, and thereupon the accused shall be kept in custody in such manner as may be provided by or underregulations of F345the Defence Council until the directions of Her Majesty are known.
3
In the case of any such finding as aforesaid Her Majesty may give orders for the safe custody of theaccused during Her pleasure in such place and in such manner as Her Majesty thinks fit.
4
A finding under subsection (1) of this section shall not have effect unless and until the finding hasbeen confirmed by an officer who would have had power to confirm a finding of guilty come to by thecourt-martial in question and has been promulgated.
F3484A
Where on the trial of a person by court-martial the question arises (at the instance of the defence orotherwise) whether the accused is unfit to stand his trial, the following provisions shall haveeffect:—
a
the court, if having regard to the nature of the supposed disability the court is of opinion that itis expedient to do so and in the interests of the accused, may postpone consideration of the question untilany time up to the opening of the case for the defence, and if before the question falls to be determinedthe court finds the accused not guilty of the charge or each of the charges on which he is being tried, thequestion shall not be determined;
b
subject to paragraph (a) above, the question shall be determined as soon as it arises;
c
where the accused is found unfit to stand his trial, the trial shall not proceed or further proceed,but if the question is determined at a time later than on arraignment, the confirming officer or reviewingauthority may substitute a finding of not guilty (other than a finding of not guilty by reason of insanity),if of opinion that the court should before that time have come to such a finding.
5
. . . F344 the provisions of this Act as to revision, confirmation and review (andin particular the provisions of this Act which confer power to substitute for any finding any other findingwhich could have been come to by the court-martial in question) apply in relation to such findings as areprovided for by subsection (2) of this section as those provisions apply in relation to . . . F344 findings of guilty.
F3496
Where the confirming officer or reviewing authority substitutes for a finding of not guilty by reasonof insanity a finding of guilty of an offence, the confirming officer or reviewing authority shall have thelike powers of sentencing the accused and other powers as the court-martial would have had on the likefinding of guilty, and any sentence imposed shall be promulgated and have effect as would a sentence dulysubstituted by the confirming officer or reviewing authority for a sentence of the court-martial:
Provided that the confirming officer or reviewing authority shall not have power by virtue of thissubsection to impose a sentence of death, and where apart from this proviso a sentence of death would berequired by law, the sentence shall (whatever the circumstances) be one of imprisonment for life.
7
Where in pursuance of a finding of not guilty by reason of insanity a person is detained under F350section 46 of the Mental Health Act 1983, F351section 69 of the Mental Health (Scotland) Act 1984 or F352Article 52 of the Mental Health (Northern Ireland) Order 1986, and the reviewing authority quashes the finding (without substituting another finding), then if thereviewing authority is of the opinion—
a
b
that he ought to be so detained in the interests of his own health or safety or with a view to theprotection of other persons,
the reviewing authority shall make an order for his continued detention under the Act F354or Order; and the order shall be sufficient authority for him to be detained, and the Act F354or Order shall apply, as if on the date of the order he had been admitted to the hospital in pursuance of anapplication duly made under the Act F354or Order (being in England or Wales an application for F353admission for assessment).
In this subsection any reference to the Mental Health F352(Northern Ireland) Order 1986 or any provision thereof includes any corresponding Act or provision for the time being in force inNorthern Ireland.
Saving for functions of Judge Advocate General
117 Saving for functions of Judge Advocate General.
Nothing in the foregoing provisions of this Part of this Act shall prejudice the exercise of thefunctions conferred (whether by Queen’s Regulations or otherwise) on the Judge Advocate General ofconsidering and reporting on the proceedings of courts-martial or any other functions so conferred on himin relation to such courts.
Commencement, suspension and duration of sentences
118 Commencement of sentences.
1
A military sentence of imprisonment or detention F355awarded by a court-martial. . . shall, subject to the F356following provisions of this Part of this Act and toF357section 11(2) of the M33Courts-Martial (Appeals) Act 1968 (which empowers the Court in certain cases to direct that a sentence shall begin to run from the dayon which the Court dismisses an application for leave to appeal), begin to run from the beginning of theday on which sentence was originally pronounced by the court-martial trying the offender F358. . ..
2
A sentence of imprisonment or detention passed by a court-martial on a warrant officer, non-commissionedofficer or soldier which is suspended in pursuance of section one hundred and twenty of this Act before hehas been committed to prison or a military establishment shall not begin to run until the beginning of theday on which the suspension is determined:
Provided that where the sentence is suspended by F359a court-martial and the reviewing authoritydetermines the suspension, the reviewing authority may direct that the sentence shall run from such earlierdate, not earlier than the day on which sentence was originally pronounced by the court-martial, as thereviewing authority may specify. C31
118ZAF360 Commencement of sentence of detention awarded by commanding officer.
1
Subject to the following provisions of this Part of this Act, subsections (2) to (4) below apply to a sentence of detention awarded by the offender’s commanding officer.
2
If the offender so elects at the time of the award, his sentence shall begin to run from the day on which it is awarded.
3
If the offender does not make an election under subsection (2) above or, having made such an election, withdraws it during the appeal period, his sentence or, in the case of withdrawal, the remainder of his sentence shall be suspended by virtue of this subsection—
a
until the end of the appeal period, or
b
where an appeal is brought within the appeal period, until the determination of the appeal.
4
Where an appeal is brought—
a
within the appeal period, by an offender who has made an election under subsection (2) above which has not been withdrawn, or
b
after the end of the appeal period, by any offender,
the remainder of his sentence shall be suspended by virtue of this subsection until the determination of the appeal.
5
In this section “the appeal period” means the period within which an appeal may be brought under section 83ZE(2) of this Act.
118AF361 Consecutive terms of imprisonment and detention.
1
Where any person who is serving a sentence of imprisonment, whether passed under this Act or otherwise,is awarded a military sentence of imprisonment, or where a person who is awarded a military sentence ofimprisonment is further sentenced to imprisonment under section 57(2) of this Act, the court-martial by whomthe subsequent or further sentence is awarded may order that that sentence shall begin to run from theexpiry of the first-mentioned sentence.
2
Where any person who is serving a military sentence of detention, or a sentence of detention passed onhim under the M34Air Force Act 1955 or the M35Naval Discipline Act 1957,is found guilty under this Act of another offence for which he is awarded a military sentence of detention,or where a person who is awarded a military sentence of detention is further sentenced to detention undersection 57(2) of this Act, the court-martial or officer by whom the subsequent or further sentence isawarded may order that that sentence shall begin to run from the expiry of the first-mentioned sentence.
F3622A
Where on awarding a sentence of detention (“the subsequent sentence”) the offender’s commanding officer orders under subsection (2) of this section that the subsequent sentence is to begin to run from the expiry of another sentence (“the current sentence”)—
a
section 118ZA of this Act shall have effect in relation to the subsequent sentence as if the reference in subsection (2) of that section to the day on which the sentence is awarded were a reference to the expiry of the current sentence, and
b
where the suspension of a sentence by virtue of subsection (3) or (4) of that section would end before the expiry of the current sentence, the sentence shall run from the expiry of the current sentence.
3
Where a person is convicted by a general court-martial or a field general court-martial of two or moreoffences against section 70 of this Act consisting in the commission of a civil offence for which a civilcourt in England could award imprisonment, the court-martial may by its sentence award, for any of the saidoffences, a term of imprisonment which is to run from the expiry of a term awarded by that sentence for anyother of those offences.
119 Duration of sentences of imprisonment and detention.
1
Where a warrant officer, non-commissioned officer or soldier has been sentenced to imprisonment ordetention by a court-martial, and the sentence is suspended F363in pursuance of section 120 of this Act after he has been committed to prison or a military establishment, the currency of the sentence shallbe suspended from the beginning of the day after the day on which he is released in accordance with F363the provisions of the said section 120 until the beginning of the day on which the suspension is determined.
2
Where any person serving a military sentence of imprisonment or detention becomes unlawfully at largeduring the currency of the sentence, then, in calculating the period for which he is liable to be imprisonedor detained in pursuance of the sentence, no account shall be taken of time elapsing during the periodbeginning with the day on which he became at large and ending with the day on which, as a person havingbecome unlawfully at large, he is taken into naval, military or air force custody or the custody of a civilauthority or (not having been taken into such custody) returns to the place in which he was imprisoned ordetained before he became unlawfully at large:
Provided that if he satisfies such authority as may be specified in that behalf by or underImprisonment and Detention Rules that during any time during the last-mentioned period he was—
a
in the custody of a civil authority, or
b
if and in so far as Imprisonment and Detention Rules so provide, in the custody of any military, navalor air-force authority of any country or territory outside the United Kingdom as respects which arrangementshave been made under section one hundred and twenty-six of this Act,
the last-mentioned time shall not be disregarded in calculating the period for which he is liable tobe imprisoned or detained in pursuance of the military sentence.
3
In the last foregoing subsection the expression “civil authority” means a civilauthority (whether of the United Kingdom or of any country or territory outside the United Kingdom)authorised by law to detain persons, and includes a constable.
4
Without prejudice to subsection (2) of this section, where any person serving a military sentence ofimprisonment or detention has in accordance with Imprisonment and Detention Rules been temporarily releasedon compassionate grounds, then, in calculating the period for which he is liable to be imprisoned ordetained in pursuance of the sentence, no account shall be taken of time elapsing during the periodbeginning with the day after that on which he is released and ending with the day on which he is requiredto return to custody.
5
A person who for any period is released as mentioned in the last foregoing subsection or who isotherwise allowed, in pursuance of Imprisonment and Detention Rules, out of any military establishment orotherwise out of military custody for any period or subject to any condition shall, on failure to returnat the expiration of the period or to comply with the condition, be treated for the purposes of subsection(2) of this section as being unlawfully at large.
6
A person serving a military sentence of imprisonment or detention in civil custody who, after beingtemporarily released under civil law, is at large at any time during the period for which he is liable tobe detained in civil custody in pursuance of his sentence shall be deemed to be unlawfully at large if theperiod for which he was temporarily released has expired or if an order recalling him has been made inpursuance of civil law.
7
References in the last foregoing subsection to release or recall under civil law are references torelease or recall in pursuance of rules made under subsection (5) of section forty-seven of the M36Prison Act 1952, subsection (6) of section thirty-five of the M37Prisons(Scotland) Act 1952, or paragraph (c) of subsection (1) of section thirteen of the M38Prisons Act (Northern Ireland) 1953, or (in the case of a person serving his sentence outsidethe United Kingdom) in pursuance of any corresponding provision of the law of the country or territory inwhich he is serving his sentence.
119AF364 Limitation of total period of sentences of detention.
1
Notwithstanding anything in this Part of this Act, no offender shall be kept continuously in detentionfor a period exceeding two years in pursuance of two or more sentences of detention.
2
Subsection (1) above shall not affect the validity of any order or direction under this Part of thisAct that a sentence of detention shall begin to run from the expiry of another such sentence; but so muchof any term of detention to which any such order or direction relates as would prolong the total term ofdetention beyond two years shall be remitted by virtue of the order or direction.
F3652A
Where the whole or part of a sentence of detention is suspended by virtue of section 118ZA(3) or (4) of this Act, any period of detention ending with the beginning of the suspension shall be taken for the purposes of subsection (1) above to be continuous with any period of detention beginning with the end of the suspension.
3
Where any person who has been sentenced by a court-martial (whether under this Act, the M39Air Force Act 1955 or the M40Naval Discipline Act 1957) to detention issubsequently sentenced by a court-martial under this Act to imprisonment, any part of the sentence ofdetention which has not been served shall thereupon be remitted by virtue of this subsection.
120 Suspension of sentences.
1
The following provisions of this section shall have effect as respects the suspension of a sentence of imprisonment or detention passed by a court martial on a warrant officer, non-commissioned officer orsoldier.
2
F366On passing such a sentence, the court may order that the sentence shall be suspended.
F3673
On the review of a sentence which is not for the time being suspended, the reviewing authority may order that the balance of the sentence be suspended.
4
The suspension of any such sentence may (without prejudice to its again being suspended) be determinedon the review F368 of the sentence by an order of the said authority committing the personsentenced to imprisonment or detention, as the case may be.
5
Where, while any such sentence is suspended, the person sentenced is sentenced by court-martial toimprisonment or detention for a fresh offence then (unless the balance of the earlier sentence is remittedby virtue of F369section 119A(3) of this Act)—
a
the court may determine the suspension of the earlier sentence by an order committing the personsentenced to imprisonment or detention, as the case may be, and if so the court shall direct whether thetwo sentences are to run concurrently or consecutively;
F370b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
if F371the court does not exercise the powers conferred by paragraph (a) above, a reviewing authority mayexercise those powers on the review of the later sentence;
d
where the said powers are exercised (whether by the court, F372. . . a reviewingauthority), any power of suspension or remission exercisable in relation to the later sentence shall beexercisable also in relation to the earlier sentence:
F3736
Without prejudice to the further suspension of the earlier sentence, an order under the last foregoingsubsection directing that the suspension of that sentence shall be determined shall not be affected by thelater sentence F374. . . being quashed.
7
Where the sentence of a person in custody is suspended, he shall thereupon be released F375and a sentence which has been suspended shall, unless the suspension has been soonerdetermined, be remitted by virtue of this subsection at the expiry of one year from the date on which thesuspension took effect.
8F376
F377120A Postponement of sentences.
1
On passing any sentence a court-martial may order that the sentence shall not have effect until the end of the period specified in the order.
2
On reviewing a sentence under section 113 of this Act, the reviewing authority may—
a
if the sentence has not had effect, order that the sentence shall not have effect until the end of the period specified in the order;
b
if the sentence has had effect, order that the sentence shall cease to have effect on the making of the order until the end of the period specified in the order.
3
On exercising any power under section 113AA of this Act to pass or substitute a sentence, the reviewing authority may order that the sentence shall not have effect until the end of the period specified in the order.
4
The Defence Council or any officer authorised by them may terminate the period specified in an order under this section or extend such a period for a further period specified by them.
5
On the termination of such a period the sentence in respect of which the order in question was made shall have effect or (in the case of an order under subsection (2)(b) above) resume effect.
6
Nothing in this section shall be taken to prevent section 118(1) of this Act from applying in relation to an air-force sentence of imprisonment or detention.
Execution of sentences of death, imprisonment and detention
F378121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122 Imprisonment and Detention Rules. C32
1
Subject to the provisions of this Act, the Secretary of State may make rules (in F379 . . . this Act referred to as Imprisonment and Detention Rules) with respect to all or any of the following matters, that is to say—
a
the places in which and the establishments or forms of custody (whether military or not) in whichpersons may be required to serve the whole or any part of military sentences of imprisonment and detentionpassed on them;
b
the committal of persons under military sentences of imprisonment or detention to the appropriateestablishment or form of custody, their removal from one country or place to another and from oneestablishment or form of custody to another and their release on the coming to an end of any term ofimprisonment or detention;
c
the provision, classification, regulation and management of military establishments;
d
the classification, treatment, employment, discipline and control of persons serving military sentencesof imprisonment or detention in military establishments or otherwise in military custody;
e
the temporary release on compassionate grounds of persons serving such sentences in such establishmentsor custody as aforesaid, the cases in which, periods for which and conditions subject to which they may beallowed out of any such establishment or custody and the remission of part of any such sentence F380. . .;
f
the appointment, powers and duties of inspectors, visitors and governors, and of officers and othermembers of the staff, of military establishments.
2
Imprisonment and Detention Rules shall not authorise the infliction of corporal punishment.
C333
Imprisonment and Detention Rules may apply with the necessary modifications all or any of the provisionsof sections thirty-nine to forty-two of the M41Prison Act 1952 (which relate to offencesby persons other than prisoners).
4
Imprisonment and Detention Rules may, to such extent as may be provided by the Rules, be made so as toapply to persons detained in military establishments while serving sentences of imprisonment or detentionawarded under F381the M42Naval Discipline Act 1957 or the M43Air Force Act, 1955, notwithstanding that such persons are not for the timebeing subject to military law.
5
The Secretary of State may as respects any area in which persons subject to military law are on activeservice delegate his power to make Imprisonment and Detention Rules to the officer commanding the commandwithin which those persons are serving, subject to such restrictions, reservations, exceptions andconditions as the Secretary of State may think fit.
123 Supplementary provisions relating to regulations and rules under ss. 121 & 122.
1
2
Any such F382. . . rules as aforesaid made by the Secretary of State shall be made by statutoryinstrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
124 Restrictions on serving of sentences of detention in prisons.
A person shall not be required to serve any part of a military sentence of detention in a military orcivil prison:
Provided that in such cases and subject to such conditions as may be specified by or underImprisonment and Detention Rules a person serving such a sentence may be temporarily detained in a militaryor civil prison for any period not exceeding seven days.
125 Special provisions as to civil prisons in the United Kingdom.
1
F3842
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
126 Special provisions as to carrying out or serving of sentences outside the United Kingdom otherwise thanin military establishments.
1
A Secretary of State may from time to time make arrangements with the authorities of any country orterritory outside the United Kingdom whereby F385. . . military sentences of imprisonment or detention may in accordance withImprisonment and Detention Rules be served wholly or partly in F386establishments under the control of those authorities .
2
The powers conferred on the Secretary of State by sections F387section one hundred and twenty-two of this Act. shall extend to the making of such provision as appears to the Secretary of Statenecessary or expedient for giving effect to any arrangements made under the last foregoing subsection.
3
The said powers shall be so exercised as to secure that F388. . . no military sentence of imprisonment or detention shall be served, in anestablishment in any country or territory outside the United Kingdom not being a military establishment,except in accordance with arrangements made as respects that country or territory.
127 Country in which sentence of imprisonment or detention to be served.
1
A person who is serving a military sentence of imprisonment or detention in the United Kingdom may (inso far as may be specified by or under Imprisonment and Detention Rules) be removed out of the UnitedKingdom—
a
to any colony in which he was enlisted; or
b
to any place out of the United Kingdom where the corps or any part thereof to which for the time beinghe belongs is serving or is under orders to serve,
but not to any other place.
2
Subject to the following provisions of this section, a person sentenced under this Act, by acourt-martial held out of the United Kingdom, to imprisonment or detention for more than twelve months shallas soon as practicable F389 . . . be removed to the United Kingdom.
3
The last foregoing subsection shall not apply in relation to any person belonging to a class of personsspecified by or under Imprisonment and Detention Rules as persons whose removal to the United Kingdom wouldfor reasons of climate, place of birth or place of enlistment or any other reason not be beneficial.
4
Where a person has been sentenced under this Act, by a court-martial held out of the United Kingdom,to imprisonment or detention for more than twelve months, the F390. . . reviewing authority maynotwithstanding anything in subsection (2) of this section direct that he shall not be required to beremoved to the United Kingdom until he has served such part of his sentence, not exceeding (in the case ofa sentence of more than two years’ imprisonment) two years, as may be specified in the direction; and indetermining whether or not to exercise the powers conferred by this subsection a F390. . .reviewing authority shall have regard to any recommendation in that behalf made by the court-martial.
F3915
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Any direction given under this section, and the revocation of any such direction, shall be promulgated.
7
In ascertaining at any time for the purposes of this section the nature or length of a sentence regardshall be had to any commutation or remission of the sentence previously directed.
128 Application of enactments relating to coroners.
F3921
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F393The Coroners Act 1887 to 1926F393The Coroners Act 1988 shall apply in relation to any premises in the United Kingdom under the control of the Secretary ofState and allocated for the accommodation of persons sentenced by court-martial to imprisonment or detentionas those Acts apply in relation to a prison.
129 Duties of governors of prisons and others to receive prisoners. C34
1
It shall be the duty of the governor of a civil prison, or, in so far as F394. . . Imprisonment and Detention Rules so provide, of the superintendentor other person in charge of a prison (not being a military prison) in a colony, to receive any person dulysent to that prison in pursuance of the F394. . . rules and to confine him until F394. . . the prisoner is discharged or delivered over in due course of law.
2
Where a person is in military custody in pursuance of a military sentence of imprisonment or detention,then on receipt of a written order in that behalf purporting to be signed by that person’s commandingofficer it shall be the duty of any such governor, superintendent or other person as aforesaid, of thepolice officer in charge of a police station or of any person in charge of any other place in whichprisoners may be lawfully confined (whether the station or place is in the United Kingdom or in a colony)to keep that person in custody for a period not exceeding seven days unless the said person is earlierdischarged or delivered over in due course of law.
130 Application to air-force establishments and custody.
1
In section one hundred and eighteen of this Act, the reference in subsection (2) to a militaryestablishment shall include a reference to an air-force establishment (within the meaning of the M44Air Force Act 1955).
2
In section one hundred and nineteen of this Act references to a military establishment and toImprisonment and Detention Rulesshall include respectively references to such an air-force establishmentas aforesaid and to Imprisonment and Detention Rules made under the M45Air Force Act 1955,and the reference in subsection (5) to military custody shall include a reference to air-force custody.
3
In section one hundred and twenty-four of this Act the reference to a military prison shall include areference to an air-force prison (within the meaning of the M46Air Force Act 1955).
4
In subsection (3) of section one hundred and twenty-six of this Act the reference to a militaryestablishment shall include a reference to an air-force establishment (within the meaning of the M47Air Force Act 1955).
Trial of persons ceasing to be subject to military law and time limits for trials
131 Trial and punishment of offences under military law notwithstanding offender ceasing to be subject tomilitary law.
1
Subject to the provisions of the next following section, where an offence under this Act triable bycourt-martial has been committed, or is reasonably suspected of having been committed, by any person while subject to military law, then in relation to that offence he shall be treated, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charges, F395summary dealing with chargesF396(including appeals against findings recorded, or punishments awarded, on summary dealing)trial and punishment by court-martial (including F397. . ., review, F398 . . . and suspension) and execution of sentences as continuing subject to military law notwithstanding his ceasing at any time to be subject thereto.
2
Where, while a person is in military or air-force custody by virtue of this section (whether before,during or after trial) he commits, or is reasonably suspected of having committed, an offence which if he were subject to military law would be an offence under this Act triable by court-martial, then in relation to that offence or suspected offence he shall be treated, for the purposes of the provisions of this Act mentioned in the last foregoing subsection F399, as having been subject to military law when the offence was committed or is suspected of having been committed and as continuing subject to military law thereafter.
3
Where by virtue of either of the two last foregoing subsections a person is treated as being at any time subject to military law for the purpose of any provision of this Act, that provision shall apply tohim—
a
if he holds any military rank, as to a person having that rank;
b
if he holds any naval or air-force rank or rating, as to a person having the corresponding military rank;
c
otherwise as to a person having the rank which he had when last actually subject to military law:
Provided that as respects any time after he has been sentenced for the offence in question F400. . .the said provision shall apply to him (in any case) as to a soldier.
4
Where apart from this subsection any provision of this Act would under the last foregoing subsection apply to a person, in relation to different offences, as to a person having different ranks, it shall apply to him as to a person having the lower or lowest of those ranks.
C35132 Limitation of time for trial of offences under military law.
F4011
Where by virtue of any enactment proceedings on indictment for any civil offence must be brought withina limited period, no proceedings shall be taken against any person for an offence against section 70 of thisAct corresponding to that civil offence unless the trial or proceedings on a summary dealing with the chargeis or are begun before the end of that period.
2
Where a person who has committed an offence of desertion, other than desertion on active service, hassince the offence served as a member of the regular forces continuously in an exemplary manner for not lessthan three years, he shall not be tried for that offence.
F4023
Except in relation to the offences specified in subsection (3A) below, no proceedings shall be takenagainst a person by virtue of subsection (1) of section 131 of this Act unless—
a
in a case where the charge is one which may be dealt with summarily, the proceedings on the summarydealing with the charge are begun within three months or the trial by court-martial is begun within sixmonths after he ceases to be subject to military law;
b
in a case where the charge is one which cannot be dealt with summarily, the trial is begun within sixmonths after he ceases to be subject to military law.
3A
Subsection (3) above does not apply to an offence against section 31 or 32 of this Act or desertion orto an offence against section 70 where the civil offence is alleged to have been committed outside theUnited Kingdom and the Attorney General consents to the proceedings.
4
A person shall not be arrested or kept in custody by virtue of subsection (1) of the last foregoingsection for an offence at any time after he has ceased to be triable for the offence.
133F403 Jurisdiction of civil courts C36
1
Where a person subject to military law—
a
has been tried for an offence by a court-martial or has had an offence committed by him taken intoconsideration by a court-martial in sentencing him, or
b
has been charged with an offence under this Act and has had the charge dealt with summarily by hiscommanding officer or the appropriate superior authority,
a civil court shall be debarred from trying him subsequently for F404the same, or substantially the same offence ; but except as aforesaid nothing in this Act shall be construed as restricting the jurisdictionof any civil court to try a person subject to this Act for an offence.
2
For the purposes of this section—
F405a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
133AF410 Financial penalty enforcement orders.
1
If—
a
a financial penalty has been awarded against any person under this Act, and
F411b
the penalty was—
i
a fine awarded in respect of a qualifying offence (or in respect of such an offence together with otheroffences) on the conviction of a qualifying offence either of that person or of the person as whose parentor guardian that person is to pay the penalty; or
ii
stoppages or a compensation order awarded in respect of a qualifying offence, (whether on the convictionof any person of the offence or on a request by any person for the offence to be taken into consideration); and
c
no term of imprisonment was imposed in default of payment, and
d
no appeal is outstanding and the time provided for the giving of notice of appeal against the award hasexpired, and
e
the whole or any part of the penalty remains unpaid or unrecovered, and
f
the person against whom the award was made is a person to whom this section applies,
the Defence Council or an officer authorised by them may make an order (in this section referred toas a “financial penalty enforcement order") for the registration of the penalty by the relevant court.
2
This section applies to a person who
F412a
is, or would be but for section 131 above, neither subject toservice law nor a civilian to whom Part II of this Act is applied by section 209 below, Part II of the M48Air Force Act 1955 is applied by section 209 of that Act or Parts I and II of the M49Naval Discipline Act 1957 are applied by section 118 of that Act.
F413; or
b
is subject to service law because he is a special member of a reserve force within the meaning of the Reserve Forces Act 1996.
3
In this section “qualifying offence” means
a
an offence under section 36 above committed outside the United Kingdom and consisting of or includingacts or omissions that would constitute a comparable foreign offence or a local road traffic offence;
b
an offence under section 70 above;
c
an offence under any provision of this Act other than section 70 above consisting of or including actsor omissions which would also constitute an offence under section 70 above;
and for the purposes of this definition—
“comparable foreign offence” means an offence under the civil law of any place outside theUnited Kingdom which is comparable to an offence under the law of England and Wales; and
“local road traffic offence” means an offence under the civil law of any place outside theUnited Kingdom relating to road traffic.
4
A financial penalty enforcement order shall contain a certificate issued on behalf of the DefenceCouncil or by an officer authorised by them and stating—
a
that a financial penalty has been awarded against the person named in the order;
b
that the conditions specified in paragraphs (b) to (f) of subsection (1) above are satisfied;
c
the nature and amount of the penalty;
d
the date on which and the F414offence or offences in respect of which it was awarded;
e
if it was awarded against the person named in the order as the parent or guardian of some other person,the fact that it was so awarded and the name of that other person;
f
sufficient particulars of the case (including particulars of any offences taken into consideration atthe trial);
g
the date of any payment or recovery of a sum on account of the penalty;
h
the sum outstanding; and
j
the authority to whom and address to which any stoppages or compensation included in the penalty willfall, on recovery, to be remitted under subsection (7) below.
5
A document purporting to be a financial penalty enforcement order and to be signed on behalf of theDefence Council or by an officer authorised by them shall be deemed to be such an order unless the contraryis proved, and a certificate under subsection (4) above shall be evidence of the matters stated.
6
Subject to subsection (7) below, upon registration of a financial penalty enforcement order—
a
service enforcement procedures shall cease to be available for the recovery of the sum certified asoutstanding, and
b
that sum shall be treated for all purposes as if it had been a fine imposed upon a conviction by therelevant court.
7
Stoppages or compensation recovered under this section shall be remitted to the authority at the addressspecified in the certificate under subsection (4) above.
8
Where it appears from a financial penalty enforcement order that the penalty was imposed in respect ofmore than one offence, it shall be deemed for the purposes of enforcement to be a single penalty only.
9
Where—
a
a financial penalty enforcement order has been made against any person, and
b
he ceases to be a person to whom this section applies at a time when the whole or any part of thecertified sum is still outstanding,
service enforcement procedures shall apply to the amount outstanding as if it were a sum payable byway of a fine imposed by a civil court.
10
In this section—
“financial penalty” means—
a
a fine, including a fine imposed by virtue of paragraph 13 of Schedule 5A below;
b
stoppages;
c
a compensation order imposed by virtue of paragraph 11 or 13 of Schedule 5A below; F415
d
F415“the relevant court” means—
a
the magistrates’ court in England or Wales,
b
the sheriff court in Scotland, or
c
the court of summary jurisdiction in Northern Ireland,
within whose jurisdiction the person against whom a financial penalty enforcement order is made appearsto the Defence Council or an officer authorised by them to reside or to be likely to reside;
“service enforcement procedures” means any procedure available by virtue of any of thefollowing enactments, namely—
a
sections 144, 146 and 209(4) and (4A) below and sections 144, 146 and 209(4) and (4A) of the M50Air Force Act 1955, and
b
sections 128A and 128B of the M51Naval Discipline Act 1957; and “stoppages” does not include sums awarded by virtue of section 147 or 148 below.
F41611
Where a fine has been awarded together with stoppages or a compensation order, this section shall haveeffect in relation to the fine and to the stoppages or compensation order as if they were separatepenalties.
C38134 Persons not to be tried under this Act for offences already disposed of. C37
C391
Where a person subject to military law—
F417a
aa
has had an offence committed by him taken into consideration when being sentenced by a competent civilcourt in the United Kingdom or any such court-martial as is referred to in the foregoing paragraph; or
b
c
has had an offence condoned by his commanding officer (whether military, naval or air-force),
he shall not be liable in respect of F420the same, or substantially the same offence to be tried by court-martial or to have the casedealt with summarily by his commanding officer or the appropriate superior authority.
C392
For the purposes of this section—
F421a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
a person shall not be deemed to have had an offence taken into consideration by a court-martial insentencing him if F422confirmation of the sentence of the court is withheld or the sentence is quashed F423(as well as in a case where the taking into consideration of the offence has beenannulled by the F424. . . reviewing authority);
c
d
an offence shall be deemed to have been condoned by the commanding officer of a person alleged to havecommitted the offence if, and only if, that officer or any officer authorised by him to act in relation tothe alleged offence has with knowledge of all relevant circumstances informed him that he will not becharged therewith;
e
a person ordered under subsection (2) of section fifty-seven of this Act or the corresponding provisionof the M56Air Force Act 1955, to be imprisoned or to undergo detention for an offenceagainst that section or provision shall be deemed to have been tried by court-martial for the offence.
F4273
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Save as provided in the foregoing provisions of this section, proceedings for an offence against thisAct (whether before a commanding officer or appropriate superior authority or before a court-martial) shallnot be barred on the ground of condonation.
Inquiries
C40135 Boards of inquiry.
1
Subject to and in accordance with the provisions of rules made under this section (hereinafter referredto as “board of inquiry rules”), F428the Defence Council or any military, naval or air-force officer empowered by or under such rules so to do may convene aboard of inquiry to investigate and report on the facts relating to—
a
the absence of any person subject to military law;
b
the capture of any such person by the enemy;
c
the death of any person in a military establishment, being an establishment in any country or territoryoutside the United Kingdom where an inquiry into the death is not required to be held by any civilauthority;
d
any other matter of a class specified in such rules or referred to such a board by F428the Defence Council or any such officer as aforesaid;
and a board of inquiry shall, if directed so to do, express their opinion on any question arising outof any matter referred to the board.
F4292
A board of inquiry shall consist of a president, who shall be an officer not below the rank of captainor corresponding rank and be subject to military law, the M57Naval Discipline Act 1957,or air-force law, and not less than two other members each of whom shall either be a person so subject orto be a person not so subject who is in the service of the Crown.
3
Subject to the provisions of this section, board of inquiry rules may make provision with respect tothe convening, constitution and procedure of boards of inquiry and, without prejudice to the generality ofthe foregoing, may make provision with respect to all or any of the following matters, that is tosay:—
a
the rules of evidence to be observed by boards of inquiry and the taking of evidence before such boards,so however that the rules shall provide for the taking of evidence on oath or affirmation except incircumstances such that if the evidence were being taken at a court-martial an oath could be dispensed with;
b
without prejudice to the provisions of the next following section, the making in service books ofrecords of findings of boards of inquiry in such cases as may be provided by the rules;
c
such incidental and supplementary matters as appear requisite for the purposes of the rules.
4
Board of inquiry rules shall contain provision for securing that any witness or other person F430to whom this subsection applies who may be affected by the findings of a board of inquiry shall have an opportunity of being present,and represented, at the sittings of the board or such part thereof as may be specified by or under therules.
F431This subsection, so far as it applies to persons other than witnesses who may beaffected by the findings, applies to persons of the following descriptions only, that is to say—
a
persons who are subject to military law, air-force law or the M58Naval Discipline Act1957;
b
persons who, though not so subject, are in the service of the Crown and may be so affected in characteror professional reputation; and
c
persons who, though not so subject, are emloyed by the Civil Aviation Authority in or in connection withthe provision by the Authority of air navigation services and may be so affected in character orprofessional reputation.
F4325
Evidence given before a board of inquiry convened—
a
under this section,
b
under section 135 of the Air Force Act 1955, or
c
under the Queen’s Regulations for the Royal Navy,
shall not be admissible against any person in proceedings before a court-martial, commanding officer or appropriate superior authority, other than proceedings for an offence against section 70 of this Act where the corresponding civil offence is perjury.
6
The power to make board of inquiry rules shall be exercisable by the Secretary of State by statutoryinstrument which shall be laid before Parliament.
C41136 Inquiries into absence.
1
Where a board of inquiry enquiring into the absence of an officer, warrant officer, non-commissionedofficer or soldier reports that he has been absent without leave or other sufficient cause for a periodspecified in the report, not being less than twenty-one days, a record of the report shall in accordancewith Queen’s Regulations be entered in the service books.
2
A record entered in pursuance of the last foregoing subsection shall, unless the absentee subsequentlysurrenders or is arrested, or the report of the board of inquiry is annulled by F433the Defence Council or a subsequent board of inquiry, have the like effect as a conviction by court-martial for desertion.
137 Regimental inquiries.
1
An officer of any of Her Majesty’s military forces authorised in that behalf by or under regulationsof F434the Defence Council may cause an inquiry to be held, in such manner and F435by such person or persons as may be specified by or determined under such regulations(being, as the case may be, a person who is subject to military law, the M59NavalDiscipline Act 1957, or air-force law or, not being so subject, is in the service of the Crown, or personseach of whom is so subject or, not being so subject, is in that service), into any matter so specified or determined:
Provided that an inquiry shall not be held in pursuance of this section into—
a
the absence of a person subject to military law, or
b
the capture of any such person by the enemy.
2
Regulations of F434the Defence Council made for the purposes of this section may make provision as to the rules of evidence to be observedat inquiries held in pursuance of this section and the taking of evidence at such inquiries, and mayauthorise the taking of evidence on oath or affirmation, and the administration of oaths, in such cases asmay be specified by or under the regulations.
3
Subsections (4) and (5) of section one hundred and thirty-five of this Act shall apply in relation toinquiries held in pursuance of this section with the substitution of references to regulations of F434the Defence Council for references to board of inquiry rules and of references to an inquiry held in pursuance of thissection for references to a board of inquiry.
Miscellaneous provisions
138 Restitution or compensation for theft, etc.C42
1
The following provisions shall have effect where a person has been convicted by court-martial ofunlawfully obtaining any property, whether by stealing it, F436handling it, F437 or otherwise F438or where a person has been convicted of any offence by a court-martial and the courthas taken such an offence of unlawfully obtaining property into consideration in sentencing him..
2
If any of the property unlawfully obtained has been found in the possession of the offender, it may beordered to be delivered or paid to the person appearing to be the owner thereof.
3
If there has been found in the possession of the offender any property (other than money) appearing tohave been obtained by him by the conversion or exchange of any of the property unlawfully obtained, theproperty may be ordered to be delivered to the person appearing to be the owner of the property unlawfullyobtained.
4
Where money is found in the possession of the offender, then whether or not it appears to have beenobtained as aforesaid an order may be made that there shall be paid out of that money to the personappearing to be the owner of the property unlawfully obtained such sum as may be specified in the order asor towards compensation for the loss caused to the said person by the offence, in so far as not otherwisemade good under this Act or by the recovery of the property unlawfully obtained.
5
Where any of the property unlawfully obtained has been sold or given in pawn to some other person whodid not then know it to have been unlawfully obtained, an order may be made that, subject to the restitutionto the owner thereof of the property sold or given as aforesaid, there shall be paid to the said otherperson, out of any money found in the possession of the offender (whether or not the money appears to beproceeds of the sale or giving in pawn), such sum as may be specified in the order as or towardscompensation for the loss caused to him in consequence of the sale or giving in pawn.
6
Where any of the property unlawfully obtained has been given in exchange to some other person who didnot then know it to have been unlawfully obtained, an order may be made that, subject to the restitutionto the owner thereof of the property given as aforesaid, there shall be restored to the said other personthe property taken in exchange for the property unlawfully obtained.
7
8
C439
The operation of any order under this section shall be suspended—
a
b
if such an application is duly lodged, until either the application is finally refused or is withdrawnor the appeal is determined or abandoned;
and where the operation of such an order as aforesaid is suspended under this section—
c
it shall not take effect if the conviction is quashed on appeal;
d
the Courts-Martial Appeal Court may by order annul or vary the order although the conviction is notquashed;
e
such steps shall be taken for the safe custody, during the period during which the operation of theorder is suspended, of the property ordered to be restored or handed over or the money to which the orderrelates as may be provided by rules of court made under F441Part II of the said Act of 1968.
10
Notwithstanding anything in the last foregoing subsection, an order under this section shall not, sofar as it relates to the delivery of property to the person appearing to be the owner thereof, be suspendedif the court, F443. . . or authority making the order directs to the contrary in any case in which, in theopinion of the court, F443. . .or authority, the title to the property is not in dispute.
11
An order under this section shall not bar the right of any person, other than the offender or a personclaiming through him, to recover any property delivered or paid in pursuance of such an order from theperson to whom it is delivered or paid.
F44412
In this section “relevant conviction” means—
a
where an order under this section was made as a result of a conviction of such an offence of unlawfullyobtaining property as is mentioned in subsection (1) above, that conviction; or
b
where an order under this section was made as a result of such an offence of unlawfully obtainingproperty having been taken into consideration in determining sentence, the conviction or, if more than one,each conviction in respect of which the sentence fell to be determined.
F445139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
140 Promulgation.
141 Custody of proceedings of courts-martial and right of accused to a copy thereof.
1
The record of the proceedings of a court-martial shall be kept in the custody of the Judge AdvocateGeneral for not less than the prescribed period being a period sufficient to ensure that the rightsconferred by the two next following subsections F447and by subsection 141A below shall be capable of being exercised.
2
Subject to the provisions of this section, any person tried by a court-martial shall be entitled toobtain from the Judge Advocate General on demand at any time within the relevant period and on paymenttherefor at such rate F448as the Judge Advocate General may determine a copy of the record of the proceedings of the court.
3
Where a person tried by court-martial dies within the relevant period, his personal representatives orany person who in the opinion of the Judge Advocate General ought to be treated for the purposes of thissubsection as his personal representative shall subject to the provisions of this section be entitled toobtain from the Judge Advocate General on demand at any time within the period of twelve months from thedeath and on payment therefor at F448the rate determined under subsection (2) above a copy of the record of the proceedings of the court.
F4493A
The right of a person or his representatives to obtain a copy of the record under this section does notextend to so much of the record as relates only to a charge of which he was found not guilty.
4
If, on an application in pursuance of F450this section for a copy of the record of any proceedings, the Secretary of State certifies that it is requisitefor reasons of security that the proceedings or any part thereof should not be disclosed, the applicantshall not be entitled to a copy of the proceedings or part to which the certificate relates.
5
In this section the expression “the relevant period”, in relation to any person tried by court-martial, means the periodof five years beginning with the date of his acquittal or, where he was convicted, of the promulgation ofthe findings and sentence F451. . .:
Provided that where the proceedings relate to two or more charges and the person tried was acquittedon one or more of the charges and convicted on another or others, the relevant period shall be the periodof five years beginning with the date of the promulgation of the finding or findings of guilty and thesentence thereon F451. . ..
F4526
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
141AF453 Right of penalised parent or guardian to copy of record of court-martial proceedings.
1
Subject to the provisions of this section, where a court-martial imposes a fine on or makes acompensation order against a parent or guardian under paragraph 13 of Schedule 5A to this Act, the parentor guardian shall be entitled to obtain from the Judge Advocate General on demand at any time within therelevant period and on payment therefor at such rate as the Judge Advocate General may determine a copy ofthe relevant part of the record of the proceedings of the court.
2
Where the parent or guardian dies within the relevant period, his personal representatives or any personwho in the opinion of the Judge Advocate General ought to be treated for the purposes of this subsectionas his personal representative shall, subject to the provisions of this section, be entitled to obtain fromthe Judge Advocate General on demand at any time within the period of twelve months from the death and onpayment therefor at the rate determined under subsection (1) above a copy of the relevant part of the recordof the proceedings of the court.
3
In a case where this section applies, any entitlement conferred by subsection (1) or (2) above is inaddition to any entitlement conferred by section 141(2) or (3) of this Act.
4
If, on an application in pursuance of this section for a copy of the record of any proceedings, theSecretary of State certifies that it is requisite for reasons of security that the proceedings or any partthereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or partto which the certificate relates.
5
In this section “the relevant period” means the period of five years beginning with the date of thepromulgation of the findings and sentence.
6
In this section “the relevant part of the record” means so much of the record as relates to compliance withthe requirements of the said paragraph 13 or to any matters taken into account by the court in deciding toimpose the fine or make the compensation order.
7
Subsection (6) of section 141 of this Act applies for the purposes of this section as it applies forthe purposes of that section.
142 Indemnity for prison officers, etc.
No action shall lie in respect of anything done by any person in pursuance of a military sentence ofimprisonment or detention if the doing thereof would have been lawful but for a defect in any warrant orother instrument made for the purposes of that sentence.
Interpretation
143 Interpretation of Part II.
1
In this Part of this Act:—
“civil prison” means a prison in the United Kingdom in which a person sentenced by a civilcourt to imprisonment can for the time being be confined;
F454. . .
“military establishment” means a military prison or any other establishment under thecontrol of the Secretary of State where persons may be required to serve military sentences of imprisonmentor detention;
“military prison” means separate premises under the control of the Secretary of State andprimarily allocated for persons serving military sentences of imprisonment;
references to a military sentence of imprisonment are references to a sentence of imprisonment passedby a court-martial;
references to a military sentence of detention are references to a sentence of detention passed by acourt-martial or awarded by the offender’s commanding officer;
“prescribed” means prescribed by F455rules under section 103of this Act.
2
References in this Part of this Act to warrant officers do not include references to acting warrant officers.
3
References in this Part of this Act to non-commissioned officers include references to actingnon-commissioned officers and also to acting warrant officers.
C49Part III Forfeitures and Deductions and Enforcement of Maintenance Liabilities
Part III extended by Reserve Forces Act 1980 (c. 9), s. 142
144 Forfeitures and deductions: general provisions.
1
No forfeiture of the pay of an officer, warrant officer, non-commissioned officer or soldier of theregular forces shall be imposed unless authorised by this or some other Act, and no deduction from such payshall be made unless so authorised or authorised by Royal Warrant.
2
A Royal Warrant shall not authorise the making of any penal deduction, that is to say a deduction tobe made by reason of the commission of any offence or other wrongful act or in consequence of anynegligence.
3
The foregoing provisions of this section shall not prevent the making, by Royal Warrant or by anyregulation, order or instruction of F456the Defence Council, of provision for the imposition of any forfeiture authorised by Act or the making of any deductionso authorised, or for the time at which and manner in which sums may be deducted from pay to give effectto authorised deductions or in which amounts may be so deducted in order to recover any fine imposed inpursuance of this Act, or as to the appropriation of any such sum or amount when deducted, or of provisionfor the determination of questions relating to forfeitures or deductions.
4
Subsection (2) of this section shall not prevent the making by Royal Warrant of provision for thededuction from a person’s pay as an officer, warrant officer, non-commissioned officer or soldier of theregular forces of any sum which has become recoverable from him (whether by deduction from pay or otherwise)under the enactments relating to any of the reserve or auxiliary forces.
5
Notwithstanding any deduction from the pay of an officer, warrant officer, non-commissioned officer orsoldier of the regular forces he shall (subject to any forfeiture) remain in receipt of pay at not less thansuch a minimum rate as may be prescribed by order of F456the Defence Council.
6
Notwithstanding that forfeiture of a person’s pay for any period has been ordered in pursuance of thisAct, he may remain in receipt of pay at such minimum rate as aforesaid; but the amount received for thatperiod may be recovered from him by deduction from pay.
7
Any amount authorised to be deducted from the pay of an officer, warrant officer, non-commissionedofficer or soldier of the regular forces may be deducted from any balance (whether or not representing pay)which may be due to him, and references in this Act to the making of deductions from pay shall be construedaccordingly F457
145 Forfeiture of pay for absence from duty. C46
1
The pay of an officer, warrant officer, non-commissioned officer or soldier of the regular forces maybe forfeited:—
a
for any day of absence in such circumstances as to constitute an offence under section thirty-seven orthirty-eight of this Act or, if F458the Defence Council or an officer authorised by them so direct, of other absence without leave;
b
for any day of imprisonment F459or detention awarded under this Act, F460the M61Naval Discipline Act 1957 or the M62Air Force Act 1955, by a court-martial or commanding officer, or ofimprisonment, F461 . . ., detention in a F462youth custody centre or detention of any other description to which he is liable in consequence of
F463i
an order or sentence of a civil court;
ii
a revocation of a licence under section 62 of the Criminal Justice Act 1967; or
iii
an order of recall under section 23 of the Prison Act (Northern Ireland) 1953.
c
where he is found guilty (whether by court-martial, the appropriate superior authority or his commandingofficer) of an offence under this Act, F460the M63Naval Discipline Act 1957 or the M64Air Force Act 1955 for any day (whether before or after he is found guilty)on which he is in hospital on account of sickness or injury certified by the proper medical officer to havebeen occasioned by the offence.
2
The pay of an officer, warrant officer, non-commissioned officer or soldier of the regular forces maybe forfeited for any day of absence by reason of his having been made a prisoner of war if F458the Defence Council or an officer authorised by them are satisfied—
a
that he was made a prisoner of war through F464 wilful neglect of his duty; or
b
that having been made a prisoner of war he failed to take any reasonable steps available to him torejoin Her Majesty’s service; or
c
that having been made a prisoner of war he served with or aided the enemy in the prosecution ofhostilities or measures calculated to influence morale or in any other manner whatsoever not authorised byinternational usage,
and nothing in paragraph (a) of the last foregoing subsection shall apply to absence by reason ofhaving been made a prisoner of war.
3
Regulations or orders of F458the Defence Council may make provision as to the computation of time for the purposes of this section and in particularas to the counting or disregarding of parts of days.
F465146
Where a person sentenced or ordered by a civil court (whether within or without Her Majesty’s dominions)to pay a sum by way of fine, penalty, damages, compensation or costs in consequence of being charged beforethe court with an offence is at the time of the sentence or order, or subsequently becomes, a member of theregular forces, then if the whole or any part of that sum is met by a payment made by or on behalf of anymilitary authority, the amount of the payment may be deducted from his pay.
147 Compensation for loss occasioned by wrongful act or negligence.
1
Without prejudice to the provisions of this Act as to the imposition of stoppages as a punishment, thefollowing provisions shall have effect where, after such investigation as may be prescribed by regulationsof F466the Defence Council, it appears to F466the Defence Council or an officer authorised by them that any loss of, or damage to, public or service property has beenoccasioned by any wrongful act or negligence of an officer, warrant officer, non-commissioned officer orsoldier of the regular forces (hereinafter referred to as “the person responsible”).
2
F466The Defence Council or authorised officer, as the case may be, F467may, at a time when the person responsible is a member of the regular forces, order him to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order;and any such sum, in so far as not otherwise paid by the person responsible, may be deducted from his pay.
3
No order shall be made under the last foregoing subsection if, in proceedings (whether under this Act, F468the M65Naval Discipline Act 1957 or the M66Air Force Act 1955) before a court-martial, the appropriate superiorauthority or the commanding officer of the person responsible, that person—
a
has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act ornegligence in question, or
b
has been awarded stoppages in respect of the same loss or damage;
but save as aforesaid, the fact that any such proceedings have been brought in respect of the wrongfulact or negligence in question shall not prevent the making of an order or deductions under the lastforegoing subsection.
148 Deductions for barrack damage. C47
1
Where damage occurs to any premises in which one or more units of the regular forces or parts of suchunits are quartered or billeted, or any fixtures, furniture or effects in or belonging to such premises aredamaged or lost, then if it appears, on investigation in accordance with the provisions of Queen’sRegulations, that the damage or loss was occasioned by the wrongful act or negligence of persons belongingto any of the units or parts of units in occupation of the premises and was so occasioned at a time whenthey were in occupation thereof, but that the said persons cannot be identified, any person belonging toany of the said units or parts of units may be required to contribute towards compensation for the damageor loss such amount as may in accordance with Queen’s Regulations be determined to be just, and the amountmay be deducted from his pay.
2
The last foregoing subsection shall extend to ships, trains and aircraft in which units or parts ofunits of the regular forces are being transported, and references to premises, quartering and occupationshall be construed accordingly.
149 Remission of forfeitures and deductions.
Any forfeiture or deduction imposed under the four last foregoing sections or under Royal Warrant maybe remitted by F469the Defence Council or in such manner and by such authority as may be provided by Royal Warrant.
150 Enforcement of maintenance and affiliation orders by deduction from pay. C48
1
Where any court in the United Kingdom has made an order against any person (hereinafter referred to as “the defendant”) for the payment of any periodical or other sum specified in the order foror in respect of—
F472aa
the maintenance of any child of his or his wife or of any other child who has been treated by them both as a child of their family; or
b
any costs incurred in obtaining the order; or
c
any costs incurred in proceedings on appeal against, or for the variation, revocation or revival of,any such order,
d
F473and the defendant is an officer, warrant officer, non-commissioned officer or soldier of the regularforces, then (whether or not he was a member of those forces when the said order was made) F474the Defence Council or an officer authorised by them may order such sum to be deducted from the pay of the defendant andappropriated in or towards satisfaction of the payment due under the order of the court as F474the Defence Council or officer think fit.
F4751A
Without prejudice to any enactment or rule of law relating to adoption or legitimation, in subsection (1)(aa) above any reference to a child of the defendant or his wife shall be construed without regard to whether or not the father and mother of the child have or had been married to each other at any time.
2
Where to the knowledge of the court making any such order as aforesaid, or an order varying, revokingor reviving any such order, the defendant is an officer, warrant officer, non-commissioned officer orsoldier of the regular forces the court shall send a copy of the order to F474the Defence Council or an officer authorised by them.
3
Where such an order as is mentioned in subsection (1) of this section has been made by a court in HerMajesty’s dominions outside the United Kingdom, and F474the Defence Council or an officer authorised by them are satisfied that the defendant has had a reasonable opportunityof appearing in person, or has appeared by a duly authorised legal representative, to defend the casebefore the court by which the order was made, F474the Defence Council or officer shall have the like power under subsection (1) of this section as if the order had beenmade by such a court as is mentioned in that subsection:
Provided that this subsection shall not apply to F476an order adjudging a man to be the father of an illegitimate child, and ordering himto pay a sum of money for or in respect of the maintenance of that child or any order varying or revivingsuch an order, or any order for the payment of costs incurred in obtaining such an order or in proceedings on appeal against, orfor the variation, revocation or revival of, such an order.
4
F474The Defence Council or an officer authorised by them may by order vary or revoke any order previously made under thissection, and may treat any order made under this section as being in suspense at any time while the personagainst whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section one hundred and forty-five of this Act.
5
In this section—
references to an order made by a court in the United Kingdom include references to an order registeredin or confirmed by such a court under the provisions of the M67Maintenance Orders(Facilities for Enforcement) Act 1920 F477and to an order registered in such a court under Part I of the M68Maintenance Orders (Reciprocal Enforcement) Act 1972F478or Part I of the Civil Jurisdiction and Judgements Act 1982F479or Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters;
references to a wife F480 . . . include, in relation to an order made in proceedings in connection withthe dissolution or annulment of a marriage, references to a person who would have been the wife F480 . . .of the defendant if the marriage had subsisted;
F481 . . .
150AF482Enforcement of maintenance assessment by deductions from pay.
1
Subsection (2) applies where any officer, warrant officer, non-commissioned officer or soldier of the regular forces (“the liable person") is required to make periodical payments in respect of any child in accordance with a maintenance assessment made under the Child Support Act 1991.
2
The Defence Council or an officer authorised by them may order such sum to be deducted from the pay of the liable person and appropriated in or towards satisfaction of any obligation of his—
a
to make periodical payments in accordance with the maintenance assessment; or
b
to pay interest (by virtue of regulations made under section 41(3) of the Act of 1991) with respect to arrears of child support maintenance payable in accordance with the assessment,
as they, or the authorised officer, thinks fit.
3
Where F483the Secretary of State—
a
makes or cancels a maintenance assessment or a fresh maintenance assessment; and
b
has reason to believe that the person against whom the assessment is, or was, made is an officer, warrant officer, non-commissioned officer or soldier of the regular forces,
the Secretary of State shall inform the Defence Council or an officer authorised by them of the terms of the assessment or (as the case may be) that it has been cancelled.
4
This section applies whether or not the liable person was a member of the regular forces when the maintenance assessment was made.
150AAF484Enforcement of maintenance assessment by deductions from pay.
1
Subsection (2) applies where any officer, warrant officer, non-commissioned officer or soldier of the regular forces (“the liable person") is required to make periodical payments in respect of any child in accordance with a maintenance assessment made under the Child Support (Northern Ireland) Order 1991.
2
The Defence Council or an officer authorised by them may order such sum to be deducted from the pay of the liable person and appropriated in or towards satisfaction of any obligation of his—
a
to make periodical payments in accordance with the maintenance assessment; or
b
to pay interest (by virtue of regulations made under Article 38(3) of the Order of 1991) with respect to arrears of child support maintenance payable in accordance with the assessment,
as they, or the authorised officer, thinks fit.
3
Where F485the Department of Health and Social Services for Northern Ireland—
a
makes or cancels a maintenance assessment or a fresh maintenance assessment; and
b
has reason to believe that the person against whom the assessment is, or was, made is an officer, warrant officer, non-commissioned officer or soldier of the regular forces,
F486that Department shall inform the Defence Council or an officer authorised by them of the terms of the assessment or (as the case may be) that it has been cancelled.
4
This section applies whether or not the liable person was a member of the regular forces when the maintenance assessment was made.
151 Deductions from pay for maintenance of wife or child.
1
Where F487the Defence Council or an officer authorised by them are satisfied that an officer, warrant officer, non-commissioned officer or soldier of the regular forces is neglecting, without reasonable cause, to maintain his wife or any child of his under the age of F488seventeenF489or that such a child of his is in careF487the Defence Council or officer may order such sum to be deducted from his pay and appropriated towards the maintenance of his wife or child as the Army Council or officer think fit.
F4901A
A child is in care for the purposes of this section at any time when by virtue of any enactment (including an enactment of the Parliament of Northern Ireland or a Measure of the Northern IrelandAssembly)—
a
he is F491being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989); or
b
he is subject to a supervision requirement to which Part VI of the M69Social Work (Scotland) Act 1968 applies; or
F492c
he is being looked after by an authority (within the meaning of the Children (Northern Ireland) Order 1995).
2
On an application made to F487the Defence Council or an officer authorised by them for an order under F493subsection (1) of this sectionF487the Defence Council or officer, if satisfied that a prima facie case has been made out for the making of such an order, may make an interim order for such deduction and appropriation as is mentioned in F494subsection (1) of this section to take effect pending the further examination of the case.
3
Where an order is in force under subsection (1) or subsection (3) of the last foregoing section for themaking of deductions in favour of any person from the pay of an officer, warrant officer, non-commissioned officer or soldier of the regular forces, no deductions from his pay in favour of the same person shall be ordered under the foregoing provisions of this section unless the officer, warrant officer, non-commissioned officer or soldier is in a place where process cannot be served on him in connection with proceedings for the variation of the order of the court in consequence of which the order under the last foregoing sectionwas made.
F4953A
Where an order is in force under section 150A of this Act for deductions to be made from the pay of any member of the regular forces with respect to the maintenance of a child of his, no order may be made under this section for the deductions of any sums from the pay of that person with respect to the maintenance of that child.
F4963AA
Where an order is in force under section 150AA of this Act for deductions to be made from the pay of any member of the regular forces with respect to the maintenance of a child of his, no order may be made under this section for the deductions of any sums from the pay of that person with respect to the maintenance of that child.
4
F487The Defence Council or an officer authorised by them may by order vary or revoke any order previously made under this section, and may treat any order made under this section as being in suspense at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section one hundred and forty-five of this Act.
5
The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall include power—
a
subject to the provisions of subsection (3) of this section, to make such an order after the child has attained the age of F488seventeen, if an order in favour of the child is in force under subsection (1) or subsection (3) of the lastforegoing section; or
b
to make such an order after the child has attained the age of F488seventeen if—
i
such an order of the court as is mentioned in subsection (1) of the last foregoing section was in force in favour of the child at the time when the child attained that age, and
ii
the person from whose pay the deductions are ordered is in such a place as is mentioned in subsection(3) of this section, and
iii
the child is for the time being engaged in a course of education or training; or
c
to continue such an order from time to time after the child has attained the age of F488seventeen, if the child is for the time being engaged in a course of education or training;
but no order so made or continued shall remain in force after the child attains the age of twenty-one or shall, unless continued under paragraph (c) of this subsection, remain in force for more than two years.
F4976
Without prejudice to any enactment or rule of law relating to adoption or legitimation, references in this section to a child of any person shall be construed without regard to whether the father and mother of the child have or had been married to each other at any time.
151AF498 Deductions from pay in respect of judgment debts etc.
1
Where by any judgment or order enforceable by a court in the United Kingdom any sum is required to bepaid by a person who is a member of the regular forces, the Defence Council or an officer authorised by themmay, whether or not that person was a member of the regular forces at the time when the judgment or orderwas given or made, order such amount or amounts as the Council or officer think fit to be deducted from thepay of that person, and appropriated in or towards satisfaction of that sum:
Provided that this subsection shall not apply to any such sum as is mentioned in section 146 of thisAct, to any sum in respect of which deductions may be ordered under section 150 of this Act, or to any sumin respect of which deductions may be made by virtue of section 32(2)(b) of the M70Courts-Martial (Appeals) Act 1968.
2
The Defence Council or an officer authorised by them may by order vary or revoke any order previouslymade under this section, and may treat any order made under this section as being in suspense at any timewhile the person against whom the order was made is absent as mentioned in section 145(1)(a) of this Act.
152 Limit of deductions under ss. 150 and 151 and effect on forfeiture.
F4991
2
Where any deductions have been ordered F502under section 150 F500,150A, 150AA, 151 or 151A above from a person’s pay and (whether before or after the deductions have been ordered) he incurs aforfeiture of pay F503in consequence of the finding or sentence of a court-martial or the finding oraward of the appropriate superior authority or his commanding officer, it shall apply only to so much ofhis pay as remains after the deductions have been made.
3F504
153 Service of process in maintenance proceedings.
1
Any process to be served on an officer, warrant officer, non-commissioned officer or soldier of theregular forces (hereinafter referred to as “the defendant") in connection with proceedings for any suchorder of a court in the United Kingdom as is mentioned in subsection (1) of section one hundred and fiftyof this Act, or for the variation, revocation or revival of such an order, shall be deemed to be duly servedon him if served F505on his commanding officer, and may, without prejudice to any other method of service, be so served byregistered post.
2
F5063
Where any such process as is mentioned in subsection (1) of this section is served in the United Kingdomand the defendant will be required to appear in person at the hearing, F507the service of the process shall be of no effect if his commanding officer certifies to the court by which the process was issued that the defendantis under orders for active service out of the United Kingdom and that in the commanding officer’s opinionit would not be possible for the defendant to attend the hearing and return in time to embark for thatservice, F508.
F5093A
Where any such process as is mentioned in subsection (1) of this section is to be served in the UnitedKingdom or elsewhere and the defendant will be required to appear in person at the hearing, the service ofthe process shall be of no effect if his commanding officer certifies to the court by which the process wasissued that the defendant is absent without leave or has deserted and remains in desertion.
F5104
Nothing in this section shall be construed as enabling process to be served in connection withproceedings in a court of summary jurisdiction unless the defendant is within the United Kingdom.
C54Part IV Billeting and Requisitioning of Vehicles
Pt. IV extended by Reserve Forces Act 1980 (c. 9), s. 142
Billeting
154 Billeting requisitions. C50
At any time when this section is in operation any general or field officer commanding any part of theregular forces in the United Kingdom may issue a billeting requisition requiring the chief officer of policefor any area in the United Kingdom specified in the requisition to provide billets at such places in thatarea, for such numbers of members of Her Majesty’s forces and, if the requisition so provides, for suchnumber of vehicles in use for the purpose of Her Majesty’s forces, being vehicles of any class specifiedin the requisition, as may be so specified.
155 Premises in which billets may be provided.
1
Billets, other than for vehicles, may be provided in pursuance of a billeting requisition—
a
in any inn or hotel (whether licensed or not) or in any other premises occupied for the purposes of abusiness consisting of or including the provision of sleeping accommodation for reward;
b
in any building not falling within the last foregoing paragraph, being a building to which the publichabitually have access, whether on payment or otherwise, or which is wholly or partly provided or maintainedout of rates;
c
in any dwelling, outhouse, warehouse, barn or stables; but not in any other premises.
2
Billets for vehicles may be provided as aforesaid in any building or on any land.
156 Provision of billets.
1
Where a billeting requisition has been produced to the chief officer of police for the area specifiedin the requisition he shall, on the demand of the officer commanding any portion of the regular forces, oron the demand of an officer or soldier authorised in writing by such an officer commanding, billet on theoccupiers of premises falling within the last foregoing section, being premises at such place in that areaas may be specified by the officer or soldier by whom the demand is made, such number of persons or vehiclesas may be required by the officer or soldier by whom the demand is made, not exceeding the number specifiedin the requisition.
2
Without prejudice to the provisions of the next following section, a chief officer of police shallexercise his functions under this section in such manner as in his opinion will cause least hardship topersons on whom billeting may take place.
3
A chief officer of police may to such extent and subject to such restrictions as he thinks properauthorise any constable, or constables of any class, to exercise his said functions on his behalf, and theforegoing provisions of this section shall apply accordingly.
157 Billeting schemes. C51
1
A local authority may make a scheme for the provision of billets in their area in pursuance of billetingrequisitions; and where such a scheme is in force the chief officer of police shall so far as the schemeextends exercise his functions under the last foregoing section in accordance with the scheme.
2
Any scheme under this section may be revoked by the local authority by whom it was made, or may bevaried by that authority by a subsequent scheme under this section.
3
Where a local authority make a scheme under this section they shall furnish the chief officer of policefor the area to which the scheme relates with a copy of the scheme.
4
A scheme under this section shall not come into force until approved by the Minister of Housing andLocal Government; and that Minister may require the local authority to revoke any scheme in force under thissection and in substitution therefor to submit for his approval a further scheme under this section.
158 Accommodation to be provided and payment therefor.
1
Where persons are billeted in pursuance of a billeting requisition the occupier of the premises on whichthey are billeted shall furnish such accommodation (including meals) as the officer or soldier demandingthe billets may require, not exceeding such accommodation as may be prescribed by regulations of F511the Defence Council made with the consent of the Treasury.
2
Where vehicles are billeted as aforesaid, the occupier of the premises shall furnish standing room forthe vehicles.
3
Where persons or vehicles have been billeted in pursuance of a billeting requisition they may continueto be billeted, so long as section one hundred and fifty-four of this Act continues in operation, for suchperiod as may be required, and the allotment of billets among the persons or vehicles in question may bevaried from time to time.
4
The occupier on whose premises any person or vehicle is billeted as aforesaid shall be entitled toreceive for the billeting such payment as may be prescribed by regulations of F511the Defence Council made with the consent of the Treasury:
Provided that no payment shall be required in respect of vehicles billeted otherwise than in abuilding unless the land on which they are billeted—
a
has its surface made up for the passage or parking of vehicles, and
b
is not land where vehicles are normally allowed to stand free of charge irrespective of the person bywhom they are owned or driven.
5
Subject to the provisions of the next following subsection payment for billeting—
a
shall be made before the persons billeted finally leave, or the vehicles are finally removed from, thepremises where they are billeted; and
b
where the billeting continues for more than seven days, shall be made at least once in every seven days.
6
If for any reason payment for billeting cannot be made, or fully made, as required by paragraph (a) ofthe last foregoing subsection, there shall be made up with the occupier an account, in such form as may beprescribed by F511the Defence Council, of the amount due to him; and—
a
on presentation of the account the local authority for the area in which the premises are situated shallpay to the occupier the amount stated in the account to be due,
b
any sums paid by a local authority under the last foregoing paragraph shall be recoverable by them from F511the Defence Council.
7
In relation to premises of which there is no occupier the foregoing provisions of this section shallapply as if the person entitled to possession thereof were the occupier thereof.
159 Appeals against billeting. C52
1
Any person who—
a
is aggrieved by having an undue number of persons billeted upon him in pursuance of a billetingrequisition, or
b
claims that by reason of special circumstances he should be exempted from having persons so billetedon him, either generally or on a particular occasion,
may apply to a person or persons appointed on behalf of the local authority in accordance witharrangements made by the Minister of Housing and Local Government.
2
On any application on the grounds mentioned in paragraph (a) of the last foregoing subsection the personor persons to whom the application is made may direct the billeting elsewhere of such number of the personsbilleted as may seem just or may dismiss the application.
3
On any application on the grounds mentioned in paragraph (b) of subsection (1) of this section theperson or persons to whom the application is made may grant such exemption as may seem just or may dismissthe application.
4
An application under this section shall not affect billeting pending the determination of theapplication.
160 Compensation for damage.
1
Where any damage is caused to any premises by the billeting of persons or vehicles in pursuance of abilleting requisition, the occupier of the premises, or if there is no occupier the person entitled topossession thereof, may recover from F512the Defence Council compensation of an amount equal to the depreciation caused by the damage in the value of the premises.
2
Where any person other than the recipient of compensation under the last foregoing subsection has anyinterest in the premises, being an interest the value of which is depreciated by the damage, he shall beentitled to recover from the recipient such part of the compensation as may be just.
3
A county court shall have jurisdiction to deal with any claim arising under subsection (1) or (2) ofthis section irrespective of the amount of the claim.
161 Refusal to receive persons billeted, etc.
Any person who—
a
refuses to receive any person billeted upon him in pursuance of a billeting requisition or withoutreasonable excuse fails to furnish him with the accommodation properly required for him, or
b
gives or agrees to give to any person billeted upon him in pursuance of a billeting requisition anymoney or reward in lieu of receiving any person or vehicle or of furnishing accommodation properly requiredfor him, or
c
obstructs the billeting in his building or on his land of any vehicle,
shall be liable on summary conviction to a fine not exceeding F513level 3 on the standard scale, or to imprisonment for a term not exceeding three months, or to both such a fine and suchimprisonment.
162 Application to civilians employed with the forces.
In relation to persons employed with any body of the regular forces and not entitled under the foregoingprovisions of this Part of this Act to be billeted, being persons of such descriptions as may be prescribedby regulations of F514the Defence Council, those provisions shall apply as they apply in relation to members of Her Majesty’s forces.
163 Local authority.
164 Suspension of laws against billeting.
While section one hundred and fifty-four of this Act is in operation, so much of any law as prohibits,restricts or regulates quartering or billeting on any inhabitant of the United Kingdom shall not apply tosuch billeting in pursuance of a billeting requisition.
Requisitioning of vehicles
165 Requisitioning orders. C53
1
At any time when this section is in operation any general or field officer commanding any part of theregular forces in the United Kingdom may issue a requisitioning order authorising the requisitioning, fromamong vehicles in any area in the United Kingdom specified in the order, of such vehicles, or such numberof vehicles of such description, as may be specified in the order.
2
The purposes for which an order under this section may authorise vehicles to be requisitioned shall besuch purposes for meeting the needs of any of Her Majesty’s forces as may be specified in the order.
166 Provision of vehicles.
1
A requisitioning order may be issued to the officer commanding any portion of the regular forces, andthat officer, or any officer or soldier authorised by him in writing, may give directions for theprovision—
a
in so far as the requisitioning order authorises the requisitioning of particular vehicles, of all orany of those vehicles,
b
in so far as the order authorises the requisitioning of vehicles of a specified description, of thenumber of vehicles of that description specified in the order or any lesser number of such vehicles.
2
A direction under the last foregoing subsection given as respects any vehicle shall be either—
a
a direction given to the person having possession thereof to furnish it immediately at the place whereit is, or
b
a direction given to the said person to furnish it at such place within one hundred miles from thepremises of the said person and at such time as may be specified by the officer or soldier by whom thedirection is given:
Provided that no direction shall be given under paragraph (b) of this subsection as respects a vehiclewhich is neither mechanically propelled nor a trailer normally drawn by a mechanically-propelled vehicle.
3
If the officer to whom the requisitioning order was issued, or any officer or soldier authorised by himin writing, is satisfied that the said person has refused or neglected to furnish a vehicle in accordancewith a direction under any of the provisions of the last foregoing subsection, or has reasonable ground forbelieving that it is not practicable without undue delay to give a direction to the said person, he maytake, or authorise any officer or soldier to take, possession of the vehicle; and where possession is takenof a vehicle in pursuance of this subsection this Part of this Act shall with the necessary modificationsapply as if the vehicle had been furnished by the person having possession of the vehicle in accordance witha direction to furnish it immediately at the place where it is, and, in particular, payment shall be madetherefor as if it had been so furnished.
4
The chief officer of police for any area specified in a requisitioning order shall, on a request to thateffect made by or on behalf of the officer to whom the order is issued, give instructions for securing thatso far as practicable constables will be available, if required, for accompanying officers or soldiersrequisitioning vehicles in pursuance of the order.
167 Period for which vehicles to be furnished.
1
Subject to the provisions of this section, where a vehicle has been furnished in pursuance of arequisitioning order it may be retained, so long as section one hundred and sixty-five of this Act is inoperation, for any period for which it is required for the purpose specified in the order or for any otherpurpose connected with the needs of any of Her Majesty’s forces.
2
While F516a call-out order under section 52 of the Reserve Forces Act 1996 is in force authorising the call out for permanent service of members of the army reserve, then in so far as a requisitioningorder so provides the person by whom any vehicle is to be furnished may be required to furnish it for thepurpose of its being purchased on behalf of the Crown.
168 Payment for vehicles furnished.
1
The person by whom a vehicle is furnished in pursuance of a requisitioning order, and is so furnishedotherwise than for the purpose of being purchased, shall be entitled to be paid—
a
a sum for the use of the vehicle calculated, by reference to the period for which possession of thevehicle is retained, at the rate of payment commonly recognised or generally prevailing in the district atthe time at which the vehicle is furnished, or, in default of such a rate, at such rate as may be just,
b
a sum equal to the cost of making good any damage to the vehicle, not being damage resulting in a totalloss thereof or damage attributable to fair wear and tear, which may have occurred during the period forwhich possession of the vehicle is retained and which has not been made good during that period by a personacting on behalf of Her Majesty,
c
if, during the said period, a total loss of the vehicle occurs, a sum equal to the value of the vehicleimmediately before the occurrence of the damage which caused the loss.
In paragraph (b) of this subsection and in the Fourth Schedule to this Act references to fair wear andtear shall be construed as references to such fair wear and tear as might have been expected to occur butfor the fact that the vehicle was requisitioned.
2
The person by whom a vehicle is furnished in pursuance of a requisitioning order for the purpose ofbeing purchased shall be entitled to be paid the value of the vehicle at the time at which it is furnished.
3
Where a vehicle is furnished in pursuance of a direction under paragraph (b) of subsection (2) ofsection one hundred and sixty-six of this Act, then—
a
for the purposes of paragraphs (a) and (b) of subsection (1) of this section (if that subsectionapplies) the period for which possession of the vehicle is retained shall be deemed to begin at the timewhen the direction is given, and for the purposes of subsection (2) of this section (if that subsectionapplies) the vehicle shall be deemed to have been furnished at that time;
b
in addition to the payments provided for by subsection (1) or (2) of this section, the person by whomthe vehicle is furnished shall be entitled to be paid the amount of any expenditure reasonably incurred byhim in complying with the direction.
4
Where a direction to furnish a vehicle is given under the said paragraph (b),and after the giving ofthe direction any damage occurs to the vehicle (whether or not resulting in a total loss thereof), then ifthe damage prevents the furnishing of the vehicle in pursuance of the requisitioning order the foregoingprovisions of this section shall apply as if the vehicle had been furnished, and (notwithstanding that itmay have been required to be furnished for the purpose of being purchased) had been furnished otherwise thanfor that purpose, subject however to the following modifications, that is to say—
a
paragraphs (a), (b) and (c) of subsection (1) of this section shall have effect as if for the periodtherein mentioned there were substituted the period beginning with the giving of the direction and endingimmediately after the occurrence of the damage,
b
paragraph (b) of the last foregoing subsection shall have effect as if for the words “in complyingwith" there were substituted the words “by reason of anything done for the purpose of complyingwith".
5
Where any person (hereinafter referred to as a person interested) other than the person by whom avehicle is required to be furnished has an interest in the vehicle,—
a
the person by whom the vehicle is required to be furnished shall notify any person known to him to bea person interested that the vehicle has been requisitioned,
b
any person interested shall be entitled to recover from the person by whom the vehicle was required tobe furnished such part (if any) of the payment received by him for the vehicle as may be just.
6
The Fourth Schedule to this Act shall have effect as to the time for the making of payments under thissection and as to the determination of disputes arising thereunder.
7
Where, during the period for which possession of a vehicle is retained, a total loss of the vehicleoccurs, then—
a
for the purposes of paragraphs (a) and (b) of subsection (1) of this section and of the Fourth Scheduleto this Act the said period shall be deemed to have come to an end immediately after the occurrence of theloss, and
b
no claim shall be made for the return of the vehicle (if it still exists) or for payment in respectthereof other than such as is provided for by subsection (1) of this section.
169 Avoidance of hardship in requisitioning of vehicles.
In deciding which, of alternative vehicles, is to be specified in an order under section one hundredand sixty-five of this Act, or is to be the subject of a direction under paragraph (b) of subsection (1)of section one hundred and sixty-six thereof, the officer or soldier by whom the order is issued ordirection given shall act in such manner as in his opinion will cause least hardship.
170 Record and inspection of mechanically-propelled vehicles.
F517The Defence Council may by regulations require persons having in their possession in the United Kingdommechanically-propelled vehicles, or trailers normally drawn by mechanically-propelled vehicles, if requiredso to do by such authority or person as may be specified in the regulations,—
a
to furnish to such authority or person as may be so specified a return containing such particulars asto the vehicles as may be required by or under the regulations, and
b
to afford all reasonable facilities for enabling any such vehicles in his possession to be inspectedand examined, at such times as may be specified by or under the regulations, by such authority or personas may be so specified.
171 Enforcement of provisions as to requisitioning.
1
If any person—
a
fails to furnish any vehicle which he is directed to furnish in pursuance of a requisitioning order,or fails to furnish any such vehicle at the time and place at which he is directed to furnish it, or
b
fails to comply with any regulations of F518the Defence Council under the last foregoing section, or
c
obstructs any officer or other person in the exercise of his functions under this Part of this Act inrelation to the inspection or requisitioning of vehicles,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F519level 3 on the standard scale, or to imprisonment for a term not exceeding three months, or to both such a fine and suchimprisonment.
2
Without prejudice to any penalty under the last foregoing subsection, if any person is obstructed inthe exercise of powers of inspection conferred on him by regulations under the last foregoing section, ajustice of the peace may, if satisfied by information on oath that the person has been so obstructed, issuea search warrant authorising a constable named therein, accompanied by the said person, to enter thepremises in respect of which the obstruction took place at any time between six o’clock in the morning andnine o’clock in the evening and to inspect any vehicles which may be found therein.
172 Application to horses, food, forage and stores.
1
Subject to the provisions of this section, the foregoing provisions of this Part of this Act and theprovisions of the Fourth Schedule thereto, except such of those provisions as relate only tomechanically-propelled vehicles and trailers normally drawn thereby, shall apply to horses and mules, food,forage and stores as they apply to vehicles.
2
Where stores are required for, and can be conveyed with, a vehicle with respect to which a directionis given under paragraph (b) of subsection (2) of section one hundred and sixty-six of this Act, such adirection may be given as well in relation to the stores as in relation to the vehicle, and the saidforegoing provisions and Schedule shall apply accordingly:
Provided that subsection (4) of section one hundred and sixty-eight of this Act shall not apply, butif after the giving of the direction the furnishing of the stores is prevented by damage to them or to thevehicle such payment (if any) shall be made in respect of the stores as may be just in all thecircumstances.
3
Notwithstanding anything in section one hundred and sixty-seven of this Act, food, forage or stores tobe furnished in pursuance of a requisitioning order at any time may be required to be furnished for purchaseon behalf of the Crown.
4
Section one hundred and seventy of this Act shall apply in relation to horses and mules as it appliesin relation to mechanically-propelled vehicles.
5
In this section the expression “stores” means any chattel, other than a horse or mule, a vehicle, food or forage, beinga chattel required for, or for use in connection with,—
a
persons or vehicles billeted or to be billeted in pursuance of a billeting requisition or otherwisetemporarily accommodated or to be so accommodated, or
b
vehicles, horses or mules furnished or to be furnished in pursuance of a requisitioning order.
173 Liability of Crown for damage by vehicles being delivered for requisitioning.
The person using a vehicle for the purpose of its being furnished in pursuance of a direction underparagraph (b) of subsection (2) of section one hundred and sixty-six of this Act shall be deemed, asrespects any claim in respect of injury or damage to any other person or property, to be so using thevehicle as a servant of the Crown, F520and section thirty-five of the M71Road Traffic Act 1930 (whichrelates to insurance against third-party risks) shall not apply to the use of a vehicle for the saidpurpose.
General
174 Bringing into operation of ss. 154 and 165.
1
Whenever it appears to the Secretary of State that the public interest so requires, he may by orderdirect that section one hundred and fifty-four or one hundred and sixty-five of this Act, or both thosesections, shall come into operation either generally or as respects such area in the United Kingdom as maybe specified in the order; and that section or those sections, as the case may be, shall thereupon comeinto operation and remain in operation so long as the order has effect.
2
As soon as may be after either of the said sections has been brought into operation on any occasion,the Secretary of State shall report that fact to Parliament.
3
An order under this section shall, subject to any revocation or variation thereof, continue to haveeffect for the period of one month from the making thereof:
Provided that where, before the expiration of the period for which the order has effect (whether byvirtue of the foregoing provisions of this subsection or of this proviso), it is resolved by each House ofParliament that the public interest requires that the operation of the order should be extended for suchfurther period as may be specified in the resolution, it shall be extended accordingly.
175 Regulations and orders.
1
Any power to make regulations conferred by this Part of this Act shall be exercisable by statutoryinstrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
2
The power to make orders conferred on the Secretary of State by the last foregoing section shall beexercisable by statutory instrument.
176 Interpretation of Part IV.
References in this Part of this Act to soldiers shall include references to warrant officers and tonon-commissioned officers.
C67Part V General Provisions
Pt. V extended by Reserve Forces Act 1980 (c. 9), s. 142
Powers of command
177 Powers of command.
1
It is hereby declared for the avoidance of doubt that Her Majesty may make regulations as to thepersons, being members of Her Majesty’s forces, in whom command over Her Majesty’s military forces, or anypart or member thereof, is to be vested and as to the circumstances in which such command as aforesaid isto be exercised.
2
In relation to members of Her Majesty’s military forces when in aircraft, the last foregoing subsectionshall have effect as if references to members of Her Majesty’s forces included references to any person incommand of an aircraft.
3
Nothing in this section shall affect any power vested in Her Majesty apart from this section.
178 Powers of command of members of co-operating naval or air forces.
In so far as powers of command depend on rank, a member of any of Her Majesty’s naval or air forceswho—
a
is acting with, or
b
is a member of a body of any of those forces which is acting with,
any body of the regular forces shall have the like such powers as a member of the regular forces ofcorresponding rank; and for the purposes of sections thirty-three and seventy-four of this Act any suchmember of the said naval or air forces shall be treated as if he were a member of the regular forces ofcorresponding rank.
Redress of complaints
180F523 Redress of complaints.
1
If a person subject to military law thinks himself wronged in any matter relating to his service he may make a complaint with respect to that matter to such officer as may be prescribed.
2
A person may not make a complaint under this section with respect to a matter against which he may present a petition under section 113 of this Act, ask for a review under section 115 of this Act or bring an appeal under the M72Courts-Martial (Appeals) Act 1968.
3
The procedure for making and dealing with a complaint under this section shall be laid down in Queen’s Regulations, which may, in particular, provide—
a
for a complaint not to be made after the end of such period as may be prescribed;
b
for any such period to be extended, in the case of a complaint made after the end of the period, in such circumstances as may be prescribed;
c
for a complaint to be referred, for its first consideration, by the officer to whom it was made to a superior officer; and
d
if the complainant does not obtain the redress to which he thinks he is entitled (whether from the officer who first considered the complaint or from a superior officer by virtue of provision made as mentioned in this paragraph), for the complaint to be referred to, and considered by, a superior officer.
4
Any period prescribed for the purposes mentioned in subsection (3)(a) above shall not be less than three months beginning with the day on which the matter complained of occurred.
5
An officer to whom a complaint is made or referred under provision made by virtue of subsection (3) above shall grant any redress which appears to him necessary.
6
If the complainant does not obtain the redress to which he thinks he is entitled by the procedure referred to in subsection (3) above, he may submit his complaint to the Defence Council in accordance with the procedure laid down in Queen’s Regulations.
7
The Defence Council shall have any complaint submitted to them investigated and shall grant any redress which appears to them necessary.
8
Where a complaint by an officer has been submitted to the Defence Council and he does not obtain the redress to which he thinks he is entitled, the Defence Council shall, at his request, make a report on the complaint through the Secretary of State to Her Majesty in order to receive the directions of Her Majesty thereon.
9
This section applies to a person who is not subject to military law, in relation to any matter which took place while he was so subject, as it applies to a person who is subject to military law.
10
In this section “prescribed” means prescribed by Queen’s Regulations.
F524181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exemptions for members of regular forces
182 Officers on active list not to be sheriffs.
An officer of the regular forces on the active list (as defined by Royal Warrant) shall not be capableof being nominated or elected to be sheriff of any county, borough, or other place.
183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F525
C57184 Exemptions from tolls, etc.C56
1
Duties or tolls for embarking from or disembarking on any pier, wharf, quay or landing place in theUnited Kingdom or any colony, or for passing over any road or bridge in the United Kingdom or any colony,shall not be payable in respect of—
a
members of the regular forces on duty;
b
vehicles in military service, being vehicles belonging to the Crown or other vehicles driven by persons(whether members of Her Majesty’s forces or not) in the service of the Crown;
c
goods carried in such vehicles;
d
horses or other animals in military service.
2
In the last foregoing subsection the expression “in military service” means employed under proper military authority for the purposes ofany body of the regular forces or accompanying any body of the regular forces.
3
Members of the regular forces on duty when using ferries in Scotland shall be entitled to be carriedat half rate.
185 Exemption from taking in execution of property used for military purposes.
No judgment or order given or made against a member of any of Her Majesty’s military forces by any courtin the United Kingdom or a colony shall be enforced by the levying of execution on any property of theperson against whom it is given or made, being arms, ammunition, equipment, instruments or clothing usedby him for military purposes.
Provisions relating to deserters and absentees without leave
186 Arrest of deserters and absentees without leave. C58
1
A constable may arrest any person whom he has reasonable cause to suspect of being an officer, warrantofficer, non-commissioned officer or soldier of the regular forces who has deserted or is absent withoutleave.
2
Where no constable is available, any officer, warrant officer, non-commissioned officer or soldier ofthe regular forces, or any other person, may arrest any person whom he has reasonable cause to suspect asaforesaid.
3
Any person having authority to issue a warrant for the arrest of a person charged with crime, ifsatisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdictionan officer, warrant officer, non-commissioned officer or soldier of the regular forces who has deserted oris absent without leave or is reasonably suspected of having deserted or of being absent without leave, mayissue a warrant authorising his arrest.
4
Any person in custody in pursuance of this section shall as soon as practicable be brought before acourt of summary jurisdiction.
F5264A
A person shall also be brought before a court of summary jurisdiction if, having been brought beforesuch a court by virtue of subsection (4) above and discharged by that court by virtue of section 187(3)below—
a
he is subsequently arrested as an alleged or suspected deserter or absentee without leave under section74 of this Act, or under a warrant issued under section 190A thereof, and
b
the question whether he is in fact in desertion or absent without leave raises any issue which wasinvestigated by the court discharging him, and
c
he does not admit that he is in desertion or absent without leave to the person arresting him under thesaid section 74 or, as the case may be, to the person into whose custody he is delivered pursuant to thesaid section 190A.
5
This section shall have effect in the United Kingdom and in any colony.
187 Proceedings before a civil court where persons suspected of illegal absence. C59
1
Where a person who is brought before a court of summary jurisdiction is alleged to be an officer,warrant officer, non-commissioned officer or soldier of the regular forces who has deserted or is absentwithout leave, the following provisions shall have effect.
2
If he admits that he is illegally absent from the regular forces and the court is satisfied of the truthof the admission, then—
a
unless he is in custody for some other cause the court shall, and
b
notwithstanding that he is in custody for some other cause, the court may,
forthwith either cause him to be delivered into military custody in such manner as the court may thinkfit or F527, where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into military custody..
3
If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of thetruth of the admission, the court shall consider the evidence and any statement of the accused, and ifsatisfied that he is subject to military law and if of opinion that there is sufficient evidence to justifyhis being tried under this Act for an offence of desertion or absence without leave then, unless he is incustody for some other cause, the court shall cause him to be delivered into military custody or F527, where it is unable to do so, adjourn the proceedings and remand him for such time as appears reasonably necessary for the purpose of arranging for him to be delivered into military custody., but otherwise shall discharge him:
Provided that if he is in custody for some other cause the court shall have power, but shall not berequired, to act in accordance with this subsection.
4
The following provisions of F528the M73Magistrates’ Courts Act 1980, or any corresponding enactment in force as respects the court in question, that is to say theprovisions relating to the constitution and procedure of courts of summary jurisdiction acting as examiningjustices and conferring powers of adjournment and remand on such courts so acting, and the provisions asto evidence and the issue and enforcement of summonses or warrants to secure the attendance of witnesses,shall apply to any proceedings under this section.
F5294A
For the purposes of any proceedings under this section, a certificate which states that a person is amember of, and illegally absent from, the regular forces, and purports to be signed by an officer who, ifthat person were charged with an offence, would be either his commanding officer or authorised to act ashis appropriate superior authority, shall be evidence of the matters so stated.
5
This section shall have effect in the United Kingdom and in any colony.
188 Deserters and absentees without leave surrendering to police. C71
1
Where in the United Kingdom or any colony a person surrenders himself to a constable as being illegallyabsent from the regular forces, the constable shall (unless he surrenders himself at a police station) bringhim to a police station.
2
The officer of police in charge of a police station at which a person has surrendered himself asaforesaid, or to which a person who has so surrendered himself is brought, shall forthwith inquire into thecase, and if it appears to that officer that the said person is illegally absent as aforesaid he may causehim to be delivered into military custody without bringing him before a court of summary jurisdiction ormay bring him before such a court.
189 Certificates of arrest or surrender of deserters and absentees. C60
C611
Where a court of summary jurisdiction in pursuance of section one hundred and eighty-seven of this Actdeals with a person as illegally absent, then when that person is delivered into military custody thereshall be handed over with him a certificate in the prescribed form, signed by a justice of the peace,containing the prescribed particulars as to his arrest or surrender and the proceedings before the court;and for any such certificate there shall be payable to the F530proper officer of the court, by such person as F531the Defence Council may direct, such fee (if any) as may be prescribed.
2
Where under the last foregoing section a person is delivered into military custody without being broughtbefore a court, there shall be handed over with him a certificate in the prescribed form, signed by theofficer of police who causes him to be delivered into military custody, containing the prescribedparticulars relating to his surrender.
3
In any proceedings for an offence under section thirty-seven or thirty-eight of this Act—
a
a document purporting to be a certificate under either of the two last foregoing subsections and to besigned as thereby required, shall be evidence of the matters stated in the document;
F532aa
where the proceedings are against a person who has surrendered himself to a consular officer, acertificate purporting to be signed by that officer and stating the fact, date, time and place of surrendershall be evidence of the matters stated in the certificate;
b
where the proceedings are against a person who has been taken into military, naval or air-force custodyon arrest or surrender, a certificate purporting to be signed by a provost officer, or any correspondingofficer of a Commonwealth force or a force raised under the law of a colony, or by any other officer incharge of the guardroom or other place where that person was confined on being taken into custody, statingthe fact, date, time and place of arrest or surrender shall be evidence of the matters stated in thecertificate.
F5333A
In subsection (1) of this section “proper officer” means—
a
in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and
b
in relation to a court of summary jurisdiction elsewhere, the clerk of the court.
4
In this section the expression “prescribed” means prescribed by regulations made by a Secretary of State by statutoryinstrument.
190 Duties of governors of prisons and others to receive deserters and absentees. C62
1
It shall be the duty of the governor of a civil prison in the United Kingdom or of the superintendentor other person in charge of a civil prison in a colony to receive any person duly committed to that prisonby a court of summary jurisdiction as illegally absent from the regular forces and to detain him until inaccordance with the directions of the court he is delivered into military custody.
2
The last foregoing subsection shall apply to the person having charge of any police station or otherplace (not being a prison) provided for the confinement of persons in custody, whether in the United Kingdomor in a colony, as it applies to the governor or superintendent of a prison.
Further powers of arrest of civil authorities
190AF534 Arrest under warrants of commanding officers.
1
A warrant for the arrest of a person suspected of any offence under Part II of this Act may be issuedby his commanding officer (determined for the purposes of this subsection as if that person had been chargedwith the offence).
2
A warrant issued under this section shall be addressed to an officer or officers of police, and shallspecify the name of the person for whose arrest it is issued and the offences which he is alleged to havecommitted; and any such warrant may be issued in respect of two or more persons alleged to have committedthe same offence, or offences of the same class.
3
A person arrested under a warrant issued under this section shall as soon as practicable be deliveredinto military custody; and there shall be handed over with him a certificate signed by the officer of policewho causes him to be delivered into military custody stating the fact, date, time and place of arrest, andwhether or not the person arrested was at the time of arrest wearing the uniform of any of Her Majesty’smilitary forces.
4
A certificate under subsection (3) above shall be in such form as may be prescribed by regulations madeby a Secretary of State by statutory instrument and shall for the purposes of this Act be evidence of thematters stated therein.
190B Arrest of persons unlawfully at large.
1
A constable may arrest without warrant any person who, having been sentenced under Part II of this Actto imprisonment or detention, is unlawfully at large during the currency of the sentence, and may take himto any place in which he may be required in accordance with law to be detained.
2
The provisions of subsections (5) to (7) of section 119 of this Act shall have effect for the purposesof subsection (1) above as they have effect for the purposes of the said section 119.
Offences relating to military matters punishable by civil courts
191 Punishment for pretending to be a deserter.
Any person who in the United Kingdom or any colony falsely represents himself to any military, naval,air-force or civil authority to be a deserter from the regular forces shall be liable on summary convictionto a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to bothsuch a fine and such imprisonment.
C63192 Punishment for procuring and assisting desertion.
1
Any person who, whether within or without Her Majesty’s dominions,—
a
procures or persuades any officer, warrant officer, non-commissioned officer or soldier of the regularforces to desert or to absent himself without leave; or
b
knowing that any such officer, warrant officer, non-commissioned officer or soldier is about to desertor absent himself without leave, assists him in so doing; or
F535c
knowing any person to be a deserter or absentee without leave from the regular forces, procures orpersuades or assists him to remain such a deserter or absentee, or assists in his rescue from custody,
shall be guilty of an offence against this section.
2
Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding fifty pounds or to imprisonment for a term not exceeding three months, or to both such a fineand such imprisonment, or on conviction on indictment to a fine not exceeding five hundred pounds or toimprisonment for a term not exceeding two years or to both such a fine and such imprisonment.
193 Punishment for obstructing members of regular forces in execution of duty.
Any person who, in the United Kingdom or any colony, wilfully obstructs or otherwise interferes withany officer, warrant officer, non-commissioned officer or soldier of the regular forces acting in theexecution of his duty shall be liable on summary conviction to a fine not exceeding F536level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.
194 Punishment for aiding malingering.
Any person who, whether within or without Her Majesty’s dominions,—
a
produces in an officer, warrant officer, non-commissioned officer or soldier of the regular forces anysickness or disability; or
b
supplies to or for him any drug or preparation calculated or likely to render him, or lead to the beliefthat he is, permanently or temporarily unfit for service,
with a view to enabling him to avoid military service, whether permanently or temporarily, shall beliable on summary conviction to a fine not exceeding one hundred pounds or to imprisonment for a term notexceeding three months or to both such a fine and such imprisonment, or on conviction on indictment to afine not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both sucha fine and such imprisonment.
195 Unlawful purchase, etc. of military stores.
1
Any person who, whether within or without Her Majesty’s dominions, acquires any military stores orsolicits or procures any person to dispose of any military stores, or acts for any person in the disposingof any military stores, shall be guilty of an offence against this section unless he proves either—
a
that he did not know, and could not reasonably be expected to know, that the chattels in question weremilitary stores, or
b
that those chattels had (by the transaction with which he is charged or some earlier transaction) beendisposed of by order or with the consent of F537the Defence Council or of some person or authority who had, or whom he had reasonable cause to believe to have, power togive the order or consent, or
c
that those chattels had become the property of an officer who had retired or ceased to be an officer,or of a warrant officer, non-commissioned officer or soldier who had been discharged, or of the personalrepresentatives of a person who had died.
2
Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both sucha fine and such imprisonment, or on conviction on indictment to a fine not exceeding five hundred poundsor imprisonment for a term not exceeding two years or to both such a fine and such imprisonment.
F5383
A constable may seize any property which he has reasonable grounds for suspecting of having been thesubject of an offence against this section.
4
Any person having authority to issue a warrant for the arrest of a person charged with crime may, ifsatisfied by evidence on oath that a person within his jurisdiction has, or is reasonably suspected ofhaving, in his possession any property which has been the subject of an offence against this section, granta warrant to search for such property as in the case of stolen goods; and any property suspected of havingbeen the subject of such an offence which is found on such a search shall be seized by the officer chargedwith the execution of the warrant, and that officer shall bring the person in whose possession or keepingthe property is found before a court of summary jurisdiction.
5
In this section—
the expression “acquire” means buy, take in exchange, take in pawn or otherwise receive (whether apartfrom this section the receiving is lawful or not);
the expression “dispose” means sell, give in exchange, pledge or otherwise hand over (whether apart fromthis section the handing over is lawful or not);
the expression “military stores” means any chattel of any description belonging to Her Majesty, which hasbeen issued for use for military purposes or is held in store for the purpose of being so issued whenrequired, and includes any chattel which had belonged, and had been issued or held, as aforesaid at somepast time.
6
For the purposes of subsection (4) of this section property shall be deemed to be in the possession ofa person if he has it under his control, and whether he has it for his own use or benefit or for the useor benefit of another.
196 Illegal dealings in documents relating to pay, pensions, mobilisation, etc.
1
Any person who—
a
as a pledge or a security for a debt, or
b
with a view to obtaining payment from the person entitled thereto of a debt due either to himself orto any other person,
receives, detains or has in his possession any official document issued in connection with the paymentto any person of any pay, pension, allowance, gratuity or other payment payable in respect of his or anyother person’s military service shall be guilty of an offence against this section.
2
Any person who has in his possession without lawful authority or excuse (the proof whereof shall lieon him) any such document as aforesaid, or any official document issued in connection with the mobilisationor demobilisation of any of Her Majesty’s military forces or any member thereof, shall be guilty of anoffence against this section.
3
Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding F539level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.
4
For the purposes of this section a document shall be deemed to be in the possession of a person if hehas it under his control and whether he has it for his own use or benefit or for the use or benefit ofanother.
5
This section shall have effect in the United Kingdom and in any colony.
197 Unauthorised use of and dealing in decorations, etc.
1
Any person who, in the United Kingdom or in any colony,—
a
without authority uses or wears any military decoration, or any badge, wound stripe or emblem suppliedor authorised by F540the Defence Council, or
b
uses or wears any decoration, badge, wound stripe, or emblem so nearly resembling any militarydecoration, or any such badge, stripe or emblem as aforesaid, as to be calculated to deceive, or
c
falsely represents himself to be a person who is or has been entitled to use or wear any suchdecoration, badge, stripe or emblem as is mentioned in paragraph (a) of this subsection,
shall be guilty of an offence against this section:
Provided that nothing in this subsection shall prohibit the use or wearing of ordinary regimentalbadges or of brooches or ornaments representing them.
2
Any person who purchases or takes in pawn any naval, military or air-force decoration awarded to anymember of Her Majesty’s military forces, or solicits or procures any person to sell or pledge any suchdecoration, or acts for any person in the sale or pledging thereof, shall be guilty of an offence againstthis section unless he proves that at the time of the alleged offence the person to whom the decoration wasawarded was dead or had ceased to be a member of those forces.
3
Any person guilty of an offence against this section shall be liable on summary conviction to a finenot exceeding F541level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both such a fine and such imprisonment.
Provisions as to evidence
198 General provisions as to evidence.
1
The following provisions F542 shall have effect with respect to evidence in proceedings under this Act,whether before a court-martial, a civil court or otherwise.
2
A document purporting to be a copy of the attestation paper signed by any person and to be certifiedto be a true copy by a person stated in the certificate to have the custody of the attestation paper shallbe evidence of the enlistment of the person attested.
3
The attestation paper purporting to be signed by a person on his enlistment shall be evidence of hishaving given the answers to questions which he is therein recorded as having given.
4
A letter, return or other document stating that any person—
a
was or was not serving at any specified time or during any specified period in any part of Her Majesty’sforces or was discharged from any part of those forces at or before any specified time, or
b
held or did not hold at any specified time any specified rank or appointment in any of those forces,or had at or before any specified time been attached, posted or transferred to any part of those forces,or at any specified time or during any specified period was or was not serving or held or did not hold anyrank or appointment in any particular country or place, or
c
was or was not at any specified time authorised to use or wear any decoration, badge, wound stripe oremblem,
5
A record made in any service book or other document prescribed by Queen’s Regulations for the purposesof this subsection, being a record made in pursuance of any Act or of Queen’s Regulations, or otherwise inpursuance of military duty, and purporting to be signed by the commanding officer or by any person whoseduty it was to make the record, shall be evidence of the facts stated therein; and a copy of a record(including the signature thereto) in F545any such book or other document as aforesaid, purporting to be certified to be a true copy by a person stated in the certificate to have thecustody of the book F546or other document, shall be evidence of the record.
6
7
A certificate purporting to be issued by or on behalf of F543the Defence Council, or by a person authorised by F544 them, and stating—
a
that a decoration of a description specified in or annexed to the certificate is a military, naval orair-force decoration, or
b
that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is onesupplied or authorised by F543the Defence Council,
shall be evidence of the matters stated in the certificate.
8
A certificate purporting to be signed by a person’s commanding officer or any officer authorised by himto give the certificate, and stating the contents of, or of any part of, standing orders or other routineorders of a continuing nature made for—
a
any formation or unit or F547body of Her Majesty’s forces, or
b
any command or other area, garrison or place, or
C64c
any ship, train or aircraft,
shall in proceedings against the said person be evidence of the matters stated in the certificate.
9
Any document which would be evidence in any proceedings under the M74Air Force Act1955, by virtue of section one hundred and ninety-eight of that Act F548, or in any proceedings under the M75Naval Discipline Act 1957, by virtue of section 64C of that Act,shall in like manner, subject to thelike conditions, and for the like purpose be evidence in the like proceedings under this Act.
198A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F549
198CF550 Provision as to age.
Where the age of any person at any time is material for the purposes of any provision of this Actregulating the powers of a court-martial, his age at the material time shall be deemed to be or to have beenthat which appears to the court, after considering any available evidence, to be or to have been his ageat that time.
199 Proof of outcome of civil trial.
1
Where a person subject to military law has been tried before a civil court (whether at the time of thetrial he was subject to military law or not), a certificate signed by the F551proper officer of the court and statingall or any of the following matters,—
a
that the said person has been tried before the court for an offence specified in the certificate,
b
the result of the trial,
c
what judgment or order was given or made by the court,
d
that other offences specified in the certificate were taken into consideration at the trial,
shall for the purposes of this Act be evidence of the matters stated in the certificate.
2
The F551proper officer of the court shall, if required by the commanding officer of the person in question or anyother officer, furnish a certificate under this section and shall be paid such fee as may be prescribed byregulations made by a Secretary of State.
3
A document purporting to be a certificate under this section and to be signed by the F551proper officer of the courtshall, unless the contrary is shown, be deemed to be such a certificate.
F5524
In this section “proper officer” means—
a
in relation to a court of summary jurisdiction in England and Wales, the justices’ chief executive for the court; and
b
in relation to any other court, the clerk of the court, his deputy or any other person having the custody of the records of the court.
200 Evidence of proceedings of court-martial.
1
The original proceedings of a court-martial purporting to be signed by the president of the court andbeing in the custody of the Judge Advocate General or of any person having the lawful custody thereof shallbe admissible in evidence on production from that custody.
2
A document purporting to be a copy of the original proceedings of a court-martial or any part thereofand to be certified by the Judge Advocate General or any person authorised by him, or by any other personhaving the lawful custody of the proceedings, to be a true copy shall be evidence of the contents of theproceedings or the part to which the document relates, as the case may be.
3
This section applies to evidence given in any court, whether civil or criminal and whether in the UnitedKingdom or in any colony.
F553200A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous Provisions
201 Restrictions on reduction in rank of warrant officers and non-commissioned officers. C65
1
A warrant officer or non-commissioned officer of the regular forces F554(other than a lance-corporal or lance-bombardier) shall not be reduced in rank except by sentence of a court-martial (whether under this Act, F555the M76Naval Discipline Act 1957 or the M77Air Force Act 1955) or by order of F556the Defence Council or of an officer, not belowthe rank of F557colonel, or captain in the Royal Navy or of group captain, authorised by F556the Defence Council to act for the purposes of this section.
2
An authorisation under the last foregoing subsection may be given generally or subject to suchlimitations as may be specified by F556the Defence Council.
3
For the purposes of subsection (1) of this section reduction in rank does not include reversion fromacting rank.
202 Temporary reception in civil custody of persons under escort.
1
Where a person is in military custody when charged with, or with a view to his being charged with, anoffence against Part II of this Act, it shall be the duty of the governor, superintendent or other personin charge of a prison (not being a military prison), or of the person having charge of any police stationor other place in which prisoners may be lawfully detained, upon delivery to him of a written orderpurporting to be signed by the commanding officer of the person in custody to receive him into his custodyfor a period not exceeding seven days.
2
This section shall have effect in the United Kingdom and in any colony.
203 Avoidance of assignment of or charge on military pay, pensions, etc.
C661
Every assignment of or charge on, and every agreement to assign or charge, any pay, military award,grant, pension or allowance payable to any person in respect of his or any other person’s service in HerMajesty’s military forces shall be void.
C662
Save as expressly provided by this Act, no order shall be made by any court the effect of which wouldbe to restrain any person from receiving anything which by virtue of this section he is precluded fromassigning and to direct payment thereof to another person.
3
Nothing in this section shall prejudice any enactment providing for the payment of any sum to abankrupt’s trustee in bankruptcy for distribution among creditors.
4
This section shall have effect in the United Kingdom and in any colony.
204 Power of certain officers to take affidavits and declarations.
1
An officer of the regular forces F558who is of or above the rank of major or is of the rank of captain and is a member ofthe legal F559services branch of anycorps of those forces (hereinafter referred to as an “authorised officer") may, at a place outside the United Kingdom,take affidavits and declarations from any of the following persons, that is to say, persons subject tomilitary law and persons not so subject who are of any description specified in the Fifth Schedule to thisAct.
2
A document purporting to have subscribed thereto the signature of an authorised officer in testimonyof an affidavit or declaration being taken before him in pursuance of this section and containing in thejurat or attestation a statement of the date on which and the place at which the affidavit or declarationwas taken and of the full name and rank of that officer shall be admitted in evidence without proof of thesignature being the signature of that officer or of the facts so stated.
F5603
204AF561 Exclusion of enactments requiring fiat of Attorney General etc., in connection with proceedings.
With the exception of F562 subsection (3A) of section 132 of this Act, no enactment requiring thefiat or consent of the Attorney General or the Director of Public Prosecutions in connection with anyproceedings shall have effect in relation to proceedings under this Act.
Part VI Application of Act and Supplemental Provisions
Persons subject to military law
205 Persons subject to military law: general provisions.
1
The following persons are subject to military law:—
a
every officer holding a land forces commission (within the meaning of any Order of Her Majesty for thetime being regulating the granting of commissions) and for the time being employed, or recalled foremployment, in Her Majesty’s service in any capacity in which he can be required to be employed as theholder of his commission;
b
every officer holding a land forces commission (within the meaning aforesaid) who for the time beingis not employed, or not employed as mentioned in paragraph (a) of this subsection, but is liable (otherwisethan in specified circumstances only) to be recalled to military service under Her Majesty;
c
every officer, not subject to military law under the foregoing provisions of this section, who beingthe holder of a land forces commission (within the meaning aforesaid) is employed in Her Majesty’s servicein employment of which it is an express condition that while employed therein he is to be subject tomilitary law;
d
every officer, not subject to military law under the foregoing provisions of this section, who, withthe approval of F563the Defence Council given subject to an express condition that while in that employment he is to be subject to militarylaw, is employed otherwise than in Her Majesty’s service;
F564e
every officer of the Territorial Army who is not a special member;
F564ea
every officer of the Territorial Army who is a special member when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not);
F564eb
every officer of the army reserve when in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the army reserve;
f
every warrant officer, non-commissioned officer and soldier of the regular forces;
g
every warrant officer, non-commissioned officer and man of the army reserve when F565in permanent service, in full-time service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the army reserve;
h
every warrant officer, non-commissioned officer and man of the Territorial Army when F566in permanent service, in full-time service, called out for home defence service or undertaking any training or duty (whether in pursuanceof an obligation or not), or when serving on the permanent staff of the Territorial Army;
i
every person in receipt of a pension in respect of service in the regular forces, or of such serviceand other service, who is employed in Her Majesty’s service as mentioned in paragraph (c) of thissubsection;
j
every person not otherwise subject to military law who is serving in any force raised by order of HerMajesty outside the United Kingdom and is under the command of an officer holding a land forces commissionor a commission in the Territorial Army;
F567k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
For the purposes of paragraph (d) of the last foregoing subsection a certificate of F563the Defence Council that approval to a person’s employment was given subject to the condition mentioned in that paragraphshall be conclusive evidence of the facts stated in the certificate.
3
F569F5684
In this section—
“full-time service” means service under a commitment entered into under section 24 of the Reserve Forces Act 1996;
“permanent service” means permanent service on call out under any provision of the Reserve Forces Act 1980, the Reserve Forces Act 1996 or any other call-out obligations of an officer; and
“special member" has the same meaning as in the Reserve Forces Act 1996.
206 Persons subject to military law: Commonwealth forces.
Members of a naval, military or air force being a Commonwealth force are subject to military law to suchextent, and subject to such adaptations and modifications, as may be provided by or under any enactmentrelating to the attachment of members of such forces.
207 Persons subject to military law: Colonial forces.
1
Subject to the provisions of this section, where any military force is raised under the law of a colony,any such law—
a
may make provision in relation to that force and the officers, warrant officers, non-commissionedofficers and soldiers thereof so as to have effect as well when they are outside as when they are withinthe limits of the colony;
b
may apply in relation to the force and the officers, warrant officers, non-commissioned officers andsoldiers thereof all or any of the provisions of this Act, either with or without adaptations, modificationsor exceptions.
2
Where any military force raised under the law of a colony is serving with part of the regular forces,the army reserve or the Territorial Army, then in so far as the law of the colony does not provide for thegovernment and discipline of the force and the members thereof this Act shall apply—
a
to the officers thereof as it applies to officers holding land forces commissions, and
b
to the warrant officers, non-commissioned officers and soldiers thereof as it applies to warrantofficers, non-commissioned officers and soldiers of the regular forces,
but subject to such adaptations, modifications or exceptions as may be specified in the general ordersof the officer, whether military, naval or air-force but not below the rank of colonel or correspondingrank, commanding the forces with which the force raised in the colony is serving.
3
While any officer, warrant officer, non-commissioned officer or soldier belonging to a force raisedunder the law of a colony is attached to, doing duty with, or otherwise acting as part of or with anyportion of the regular forces, the army reserve or the Territorial Army F570outside that colony, the foregoing provisions of this section shall not apply in relation to him, but he shall be subjectto military law by virtue of this subsection and this Act shall apply to him as if he were a member of theregular forces.
208 Persons subject to military law: attached members of naval and air forces.
Where a member of any of Her Majesty’s naval or air forces is attached to any part of the regularforces, the army reserve or the Territorial Army, he shall while so attached be subject to military law;and the provisions of the Sixth Schedule to this Act shall have effect as respects persons subject tomilitary law by virtue of this section.
208AF571 Application of Act to passengers in H.M. ships and aircraft.
Part II of this Act shall, to such extent and subject to such modifications as may be prescribed byregulations made by the Defence Council, apply to persons embarked as passengers on board Her Majesty’sships or aircraft (not being persons who are subject to military law by virtue of any of the foregoingprovisions of this Act, or persons who are subject to air-force law or to the M80NavalDisciplineAct 1957) as it applies to persons subject to military law.
209 Application of Act to civilians.
1
Subject to the modifications hereinafter specified, where any body of the regular forces is on activeservice, Part II of this Act shall apply to any person who is employed in the service of that body of theforces or any part or member thereof, or accompanies the said body or any part thereof, and is not subjectto military law, F572the M81Naval Discipline Act 1957, or air-force law apart from this section or any corresponding provisions of that Act or the M82Air Force Act 1955, as the said Part II applies to persons subject to military law.
2
Subject to the modifications hereinafter specified, Part II of this Act shall at all times apply to aperson of any description specified in the Fifth Schedule to this Act who is within the limits of thecommand of any officer commanding a body of the regular forces outside the United Kingdom, and is notsubject to military law, F572the M83Naval Discipline Act 1957, or air-force law apart from this section or any corresponding provisions of that Act or the M84Air Force Act 1955, as the said Part II applies to persons subject to military law:
Provided that none of the provisions contained in sections twenty-four to sixty-nine of this Act shallapply to a person by virtue only of this subsection F573except section 29, sections 35 and 36, sections 55 to 57, and section 68 so far asit relates to those sections.
3
The said modifications are the following:
F574a
on a trial—
i
a court-martial may award the punishments specified in paragraphs F575. . . (b) and (h) of section 71(1)above, except that section 71(5)(a) above shall not apply to the amount of a fine;
ii
a Standing Civilian Court established under the M85Armed Forces Act 1976 may award anypunishment authorised for such courts by section 8 of that Act; and
iii
a court-martial or Standing Civilian Court may make any order authorised by Schedule 5A below;
aa
any such order shall be treated as a punishment for the purposes of this Act;
ab
paragraph 15 of Schedule 5A below shall have effect in substitution for the words in section 71(1) abovefrom “and references in this Act" to the end;
b
the punishment which may be awarded where a charge is dealt with summarily shall, in the case of anyoffence, be a fine not exceeding F576£100, but no other punishment;
c
the following provision shall have effect in substitution for subsections (2) to (4) of sectionseventy-four, that is to say that a person may be arrested by a provost officer, by any warrant officer ornon-commissioned officer legally exercising authority under a provost officer or on his behalf, or by orderof any officer of the regular forces;
F577ca
section 75J(2)(b) above shall have effect with the omission of the words from the beginning to “of this Act";
F577cb
section 75K(6) above shall have effect with the omission of paragraph (a);
d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
the provisions of this Act relating to the investigation of, and summary dealing with, offences shallsave as otherwise expressly provided apply as they apply to officers and warrant officers;
f
F580fa
a court-martial for the trial of any such person as in mentioned in subsection (1) or (2) above mayinclude in place of the correspondiong number of F581officers or warrant officers—
i
if it is a general court-martial F582. . ., not more than two persons who arein the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above, and
ii
if it is a district court-martial F582. . ., nor more than one person who isin the service of the Crown and is himself a person such as is mentioned in either of those subsections,
but a person who is a member of a court-martial by virtue of this paragraph shall not be appointed thepresident of the court-martial;
F583faa
references to the officers appointed members of a court-martial shall be construed as including references to persons who are members of a court-martial by virtue of paragraph (fa) above;
F584fab
where the summary appeal court hears an appeal brought by any such person as is mentioned in subsection (1) or (2) above and the court would otherwise include two officers qualified under section 83ZC of this Act for membership of the court, the court may include in place of either or both of them a corresponding number of persons who are in the service of the Crown and are persons such as are mentioned in subsection (1) or (2) above,
F584fac
references in Part II of this Act to the officers qualified under section 83ZC for membership of the summary appeal court shall be construed as including references to persons who are members of that court by virtue of paragraph (fab) above,
fb
F585g
for references in sections one hundred and thirty-one and one hundred and thirty-two of this Act tobeing, continuing, or ceasing to be subject to military law there shall be substituted references to being,continuing to be or ceasing to be in such circumstances that the said Part II applies, and subsection (3)of the said section one hundred and thirty-one shall not apply.
F5863A
For the purposes of paragraph (g) of subsection (3) of this section a person shall be deemed not to haveceased to be in such circumstances as are mentioned in that paragraph if he has so ceased by reason onlyof one or both of the following, namely—
a
the fact that he has ceased to be within the limits of a command within whose limits he continues tohave his ordinary residence or to serve or to be employed;
b
the fact that there has been an interruption of his residence with a family of persons whose place ofresidence continues to be his home.
F5873B
In their application to any area for which Standing Civilian Courts are established under the M86Armed Forces Act 1976—
F588a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F589aa
section 83 above shall have effect as if after subsection (1) there were inserted the following subsection—
1A
Regulations under this section may provide for sections 76 to 76C of this Act to have effect subject to such modifications as may be specified in relation to charges which may be tried by Standing Civilian Courts and which are brought against persons whom such courts may try.
F590b
section 103(1) above shall have effect as if the following paragraph were inserted after paragraph (b)—
F590c
the hearing by courts-martial of appeals against findings and sentences of Standing Civilian Courts.
c
subsection (3) above shall have effect in relation to charges which may be tried by Standing CivilianCourts and which are brought against persons whom such courts may try, but without prejudice to its effectin relation to other charges, as if the following paragraph were substituted for paragraph (e):—
F5923C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5934
A fine awarded against any person by virtue of this section by a court-martial, a Standing CivilianCourt or the appropriate superior authority, and a sum which an order under paragraph 11 of Schedule 5Abelow requires any person to pay shall be recoverable, in the United Kingdom or any colony, as a debt dueto Her Majesty.
4A
The registration of a financial penalty enforcement order under section 133A above shall not affect thepower of recovery in a colony conferred by subsection (4) above.
4B
Section 199 above shall apply to persons such as are mentioned in subsection (1) or (2) above, as itapplies to persons subject to military law.
F5945
This section does not apply to any person to whom section 208A above applies.
Application of Act to particular corps and forces
210 Provisions as to Royal Marines.
1
The Royal Marines shall be a separate corps of the regular forces.
2
In section two hundred and five of this Act—
a
any reference to a land forces commission shall be construed as including a reference to a commissionin the Royal Marines;
F595aa
any reference to an officer of the army reserve shall be construed as including a reference to an officer of the Royal Marines Reserve or a marine officer of the Royal Fleet Reserve;
F596b
any reference to a warrant officer, non-commissioned officer or man of the army reserve shall be construed as including a reference to a warrant officer, non-commissioned officer or a marine of the Royal Marines Reserve and to a marine warrant officer or non-commissioned officer or a marine of the Royal Fleet Reserve; and
F596ba
any reference to the permanent staff of the army reserve shall be construed as including a reference to the permanent staff of the Royal Marines Reserve or the Royal Fleet Reserve.
3
An officer, F597warrant officer non-commissioned officer or marine of the Royal Marines, F598or the Royal Marines Reserve and a marine officer, marine warrant officer or non-commissioned officer or a marine of the Royal Fleet Reserve, F599 shall continue subject to military law notwithstanding that he may for thetime being be subject to F600the M87Naval Discipline Act 1957.
4
In relation to the Royal Marines and the officer, officers, F601warrant officers non-commissioned officers and marines thereof, and to officers, F601warrant officers non-commissioned officers and marines of the F602Royal Marines Reserve F603and to marine officers, marine warrant officers or non-commissioned officers and marines of the Royal Fleet Reserve, F599 this Act shall have effect subject to the modifications set out in Parts Iand II of the Seventh Schedule thereto.
5
The provisions of Part III of the Seventh Schedule to this Act shall have effect as respects transfersbetween the Royal Marines and other corps of the regular forces in substitution for the provisions ofsubsections (3) and (4) of section three of this Act.
F6046
For the purposes of this section references to marine warrant officers or non-commissioned officers and marines of the Royal Fleet Reserve shall be construed as references to persons who were transferred to that force from the Royal Marines or who enlisted in that force as marines.
211 Application of Act to reserve and auxiliary forces. C68
1
Subject to the provisions of this section, references in Parts II to V of this Act to the regular forcesshall include references to the following persons, that is to say—
a
officers of F605the army reserve while subject to military law, and officers who have retired (withinthe meaning of any Royal Warrant) but are for the time being subject to military law, and
F606b
officers of the Territorial Army when in permanent service, in full-time service, called out for home defence service or undertaking any training or duty (whether in pursuance of an obligation or not) or when serving on the permanent staff of the Territorial Army,
c
warrant officers, non-commissioned officers and men of the army reserve and the Territorial Army whilesubject to military law;
and references to officers, warrant officers, non-commissioned officers or soldiers, or to members ora body, of the regular forces or to illegal absence from those forces shall be construed accordingly.
F6072
Subsections (5) and (6) of section 17 shall apply to warrant officers, non-commissioned officers and men of the army reserve and the Territorial Army as if the references to forfeited service were references to a period of permanent service or, as the case may be, of service as a member of the force concerned, which is to be disregarded under section 98(6) of the Reserve Forces Act 1996.
3
F609F6084
The provisions of this Act mentioned in subsection (4A) below shall apply to officers, warrant officers, non-commissioned officers and men of the army reserve and the Territorial Army only when they are in permanent service, in full-time service, called out for home defence service or serving on the permanent staff of the army reserve or the Territorial Army.
4A
The provisions referred to in subsection (4) above are—
a
sections 150 to 153 of this Act;
b
except insofar as they may be applied by regulations made under section 103(2) of the Reserve Forces Act 1996, the provisions of Part II of this Act relating to the award of stoppages and sections 144 to 149 of this Act.
F6106
Section 182 of this Act shall not apply at any time to officers, warrant officers, non-commissioned officers or men of the Territorial Army.
7
In the case of a non-commissioned officer or man of the Territorial Army found guilty of an offence bya court-martial or his commanding officer, Part II of this Act shall apply as if in the scale set out in F611section 71(1) there were inserted immediately before paragraph (h) the following paragraph—
F611gg
and as if the punishments specified in F612section 76C(2) of this Act includeddismissal from the Territorial Army:
Provided that if the commanding officer awards such dismissal he shall not award any other punishment.
F6138
An officer of the army reserve or the Territorial Army may be attached temporarily to any of Her Majesty’s naval or air forces whether or not he is in permanent service but, if not in permanent service, shall not be so attached except with his consent.
F6149
In this section—
“full-time service” means service under a commitment entered into under section 24 of the Reserve Forces Act 1996; and
“permanent service” means permanent service on call-out under any provision of the Reserve Forces Act 1980, the Reserve Forces Act 1996 or any other call-out obligations of an officer.
F615212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
213 Modification of certain provisions in relation to women.
In relation to women members of the regular forces this Act shall have effect subject to the followingmodifications:—
a
F616b
F617c
references in sections one hundred and fifty and one hundred and fifty-one to a wife shall be construedas references to a husband.
Application to different countries
214 Application to Scotland.
1
The provisions of this section shall have effect for the purpose of the application of this Act toScotland.
2
For any reference to a county court there shall be substituted a reference to the sheriff; and thepowers and duties conferred or imposed on a justice of the peace may be exercised or performed either bysuch justice or by the sheriff.
F6183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In subsection (2) of section one hundred and twenty-eight for the reference to F619the Coroners Acts 1887 to 1926F619the Coroners Act 1988there shall be substituted a reference to section twenty-five of the M88Prisons(Scotland) Act 1952, and that section as applied in relation to any such premises as are mentioned in thesaid subsection (2) shall have effect subject to the necessary modifications.
F6204A
In section 150, at the end of subsection (5), there shall be added the words “and to any sum awardedas inlying expenses in a decree of affiliation and aliment".
5
For any reference to the Minister of Housing and Local Government there shall be substituted a referenceto the Secretary of State; and the local authority for the purposes of Part IV of this Act shall be a F621council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
6
Section one hundred and eighty-seven shall have effect as if subsection (4) were omitted.
7
Section one hundred and ninety-five shall have effect as if for the obligation imposed by subsection(4) on the officer therein mentioned to bring a person before a court of summary jurisdiction there weresubstituted an obligation to report to the procurator fiscal.
8
F622 the expression “chattel” means corporeal moveable.
F6239
Where by virtue of this Act a document is admissible in evidence or is evidence of any matter statedin it in proceedings before a civil court in England, it shall be sufficient evidence of the matter sostated in such proceedings in Scotland.
215 Application to Northern Ireland.
1
The provisions of this section shall have effect for the purpose of the application of this Act toNorthern Ireland.
2
3
F625F6264
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
References in subsection (2) of section one hundred and twenty-eight to F627the Coroners Acts 1887 to 1926F627the Coroners Act 1988, shall be construed as references to section thirty-nine of the M90Prison Act(Northern Ireland) 1953; and that section as applied in relation to any such premises as are mentioned inthe said subsection (2) shall have effect subject to the necessary modifications.
F6285A
Where a financial penalty enforcement order has been registered under section 133A above by a court ofsummary jurisdiction in Northern Ireland in respect of any person, a justice of the peace may issue asummons to that person requiring him to appear before the court which registered that penalty or a warrantfor the arrest of that person.
5B
Where a person appears before a court of summary jurisdiction in Northern Ireland in pursuance of asummons or warrant issued under subsection (5A) above, the court may exercise the like powers as areconferred on it by F629Part IX of the M91Magistrates’ Courts (Northern Ireland)Order 1981 (satisfaction and enforcement of orders).
5C
A financial penalty enforcement order shall be registered in Northern Ireland under section 133A abovein accordance with Magistrates’ Courts Rules.
F6306
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6316A
The reference in section 151A(1) to any judgment or order enforceable by a court in the United Kingdomshall include a reference to a judgment enforceable by the Enforcement of Judgments Office.
7
In Part IV of this Act references to a local authority shall be construed as references to a F632Health and Social Services Board established under the M92Health and Personal Social Services (Northern Ireland) Order 1972 references to the Minister of Housing and Local Government shall be construed as references to the F633Department of Health and Social Services for Northern Ireland, and references to a chief officer of police shall be construed as referencesto a F633chief superintendent of the Royal Ulster Constabulary or any other officer having arank equivalent to chief superintendent.
8
For the reference in section one hundred and seventy-three to section thirty-five of the M93Road Traffic Act 1930, there shall be substituted a reference to section F63375 of the M94Road Traffic Act (Northern Ireland) 1970 or anycorresponding enactment for the time being in force in Northern Ireland.
9
10
For the reference in subsection (3) of section two hundred and three to a bankrupt’s trustee inbankruptcy there shall be substituted a reference to an assignee in bankruptcy.
11F635
C69216 Application to Channel Islands and Isle of Man.
F6361
This Act extends to the Channel Islands and the Isle of Man subject to the following provisions of this setion and to such modifications as Her Majesty may by Order in Counsil specify; and, where any such modification refers to any law for the time being in force in any of the Channel Islands or the Isle of Man, the modification may be expressed to have effect for all purposes of this Act to the Channel Islands or the Isle of Man, as the case may be).
2
Subject as hereinafter provided, references except in Part IV of this Act to the United Kingdom shallbe construed as including references to the Channel Islands and the Isle of Man.
3
References in sections one hundred and nineteen, one hundred and twenty-six, one hundred andtwenty-seven and one hundred and forty-three to the United Kingdom shall not include references to theChannel Islands or the Isle of Man, and references in the said section one hundred and twenty-seven to acolony shall include references to the Channel Islands and the Isle of Man.
F6374
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
217 Application to certain overseas territories.
1
This Act shall apply in relation to any territory under Her Majesty’s protection, and any territory forthe time being administered by Her Majesty’s Government in the United Kingdom under the trusteeship systemof the United Nations, as it applies in relation to a colony; and accordingly references in this Act to HerMajesty’s dominions shall be construed as including references to any such territory.
2
References in this Act to the law of a colony shall include, in relation to two or more colonies undera central legislature, references to law made by that legislature.
218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F638
219. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F639
Supplemental provisions
220 Jurisdiction of courts.
1
In the United Kingdom or any colony, a civil court of any description having jurisdiction in the placewhere an offender is for the time being shall have jurisdiction to try him for any offence to which thissection applies which is triable by a court of that description notwithstanding that the offence wascommitted outside the jurisdiction of the court:
Provided that such an offence committed in any part of the United Kingdom shall not be triable outsidethat part of the United Kingdom.
2
The offences to which this section applies are offences against any of the following sections of thisAct, that is to say, section nineteen, section one hundred and sixty-one, section one hundred andseventy-one, and sections one hundred and ninety-one to one hundred and ninety-seven; and references in thissection to a part of the United Kingdom are references to England and Wales, Scotland or Northern Ireland.
221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F640
222 Provisions as to summary fines in Colonies.
In the application of this Act to any colony, there shall, if the law of the colony so provides, besubstituted for the amount of any fine specified in this Act, being a fine which may be imposed on summaryconviction, such amount as may be provided by that law; and it shall be competent for the law of any colonyto declare what amount of the local currency is to be treated for the purposes of this Act as equivalentto any amount of money specified in this Act.
223 Execution of orders, instruments, etc.
Save as expressly provided by any rules or regulations under this Act, any order or determinationrequired or authorised to be made under this Act by any military, naval or air-force officer or authoritymay be signified under the hand of any officer authorised in that behalf; and any instrument signifying suchan order or determination and purporting to be signed by an officer stated therein to be so authorised shallunless the contrary is proved be deemed to be signed by an officer so authorised.
224 Provisions as to active service.
1
In this Act the expression “on active service”, in relation to a force, means that itis engaged in operations against an enemy or F641is engaged elsewhere than in the United Kingdom in operations for the protection oflife or property or (subject to the provisions of this section) is in military occupation of a foreign country, andin relation to a person means that he is serving in or with a force which is on active service.
2
Where any of Her Majesty’s military forces is serving outside the United Kingdom, and it appears to theappropriate authority that, by reason of the imminence of active service or of the recent existence ofactive service, it is necessary for the public service that the force should be deemed to be on activeservice, the appropriate authority may declare that for such period, not exceeding three months, beginningwith the coming into force of the declaration as may be specified therein that force shall be deemed to beon active service.
3
Where it appears to the appropriate authority that it is necessary for the public service that theperiod specified in a declaration under the last foregoing subsection should be prolonged or, if previouslyprolonged under this subsection, should be further prolonged, the appropriate authority may declare thatthe said period shall be prolonged by such time, not exceeding three months, as may be specified in thedeclaration under this subsection.
4
If at any time while any force—
a
is on active service by reason only of being in military occupation of a foreign country; or
b
is deemed to be on active service by virtue of the foregoing provisions of this section,
it appears to the appropriate authority that there is no necessity for the force to continue to betreated as being on active service, the appropriate authority may declare that as from the coming intooperation of the declaration the force shall cease to be, or to be deemed to be, on active service.
5
Before any declaration is made under this section, the appropriate authority shall, unless satisfiedthat it is not possible to communicate with sufficient speed with the Secretary of State, obtain the consentof the Secretary of State to the declaration; and in any case where that consent has not been obtainedbefore the making of a declaration under this section the appropriate authority shall report the makingthereof to the Secretary of State with the utmost practicable speed.
6
The Secretary of State may, if he thinks fit, direct that any declaration whereby any force is deemedto be, or to continue, on active service shall cease to have effect as from the coming into force of thedirection; but any direction under this subsection shall be without prejudice to anything done by virtueof the declaration before the coming into force of the direction.
7
A declaration under this section shall have effect not only as respects the members of the force towhich it relates but also as respects other persons the application to whom of any provisions of this Actdepends on whether that force is on active service.
8
In this section the expression “the appropriate authority” means—
a
9
F64410
Any declaration or direction under this section shall come into operation on being published in generalorders.
225 General provisions as to interpretation.
1
In this Act:—
“acting rank” means rank of any description (however called) such that under Queen’sRegulations a commanding officer has power to order the holder to revert from that rank, “actingwarrant officer” and “acting non-commissioned officer” shall be construedaccordingly, F645;
“active service” shall be construed in accordance with the last foregoing section;
F646“admission order” has the meaning assigned to it by section 116B(1) of this Act;
“aircraft” means any machine for flying, whether propelled by mechanical means or not, andincludes any description of balloon;
“aircraft material” includes—
a
parts of, and components of or accessories for, aircraft, whether for the time being in aircraft or not;
b
engines, armaments, ammunition and bombs and other missiles of any description in, or for use in,aircraft;
c
any other gear, apparatus or instruments in, or for use in, aircraft;
d
any apparatus used in connection with the taking-off or landing of aircraft or for detecting themovement of aircraft; and
e
any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft oraircraft material;
F647“air signal” means any message, signal or indication given, by any means whatsoever, forthe guidance of aircraft or a particular aircraft;
“appropriate superior authority” F648means a person who may act as an appropriate superior authority by virtue ofsubsection (2) of section eighty-two of this Act;
F649. . .
“before the enemy”, in relation to a person, means that he is in action against the enemyor about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy;
“civil court” means a court of ordinary criminal jurisdiction but does not, except whereotherwise expressly provided, include any such court outside Her Majesty’s dominions;
“civil offence” has the meaning assigned to it by subsection (2) of section seventy of thisAct;
“commanding officer” has the meaning assigned to it by subsection (1) of section eighty-twoof this Act;
F650“Commonwealth force” means any of the naval, military or air forces of Canada, theCommonwealth of Australia, New Zealand, F651South AfricaIndia, F652Pakistan, Ceylon, Ghana, Malaysia, the Republic of Cyprus, Nigeria, Sierra Leone, Tanganyika, Jamaica, Trinidadand Tobago, Uganda, Kenya, Zanzibar, Malawi, Zambia, Malta, The Gambia, Guyana, Botswana, Lesotho,Singapore, Barbados, Mauritius, Swaziland, Tonga, Fiji, the Bahamas, Bangladesh, Grenada, Seychelles,Solomon Islands, Tuvalu, Dominica, Saint Lucia, Kiribati, Saint Vincent and the Grenadines, Papua NewGuinea, Western Samoa, Nauru, the New Hebrides, Zimbabwe, Belize or Antigua and Barbuda F653or Saint Christopher and NevisF654or Brunei or MaldivesF655or Namibia; F656or Cameroon or Mozambique
“constable” includes any person (whether within or outside the United Kingdom) havingpowers corresponding with those of a constable; F657but does not include a provost officer or a person exercising authority under or on behalf of a provost officer
“corps” means any such body of F658Her Majesty’s military forces as may from time to time be declared by warrant of Her Majesty to be a corps for the purposes of thisAct;
“corresponding civil offence” has the meaning assigned to it by subsection (2) of sectionseventy of this Act;
“corresponding rank,” in relation to any rank or rating of any of Her Majesty’s naval,military or air forces, means such rank or rating of any other of those forces as may be declared by Queen’sRegulations to correspond therewith;
F659“court administration officer” and “the court administration officer” have the meanings assigned to them by section 84A of this Act;
“court-martial,” except where it is otherwise expressly provided, means a court-martialunder this Act;
“damage” includes destruction, and references to damaging shall be construed accordingly;
“decoration” includes medal, medal ribbon, clasp and good-conduct badge;
“desertion” shall be construed in accordance with subsection (2) of section thirty-sevenof this Act;
“enemy” includes all persons engaged in armed operations against any of Her Majesty’sforces, F660or any forces co-operating therewith and also includes all armed mutineers, armed rebels, armed rioters and pirates;
“Governor” means, in relation to any colony, the officer, however styled, who is for thetime being administering the government of the colony F661, but where two or more colonies or the parts of any colony are under localgovernments and also under a central government, references to the Governor shall be construed as referencesto the officer, however styled, who is for the time being administering the central government;
F662F663“guardianship order” has the meaning assigned to it by section 116C(1) of this Act;
“handles” has the same meaning as in the M96Theft Act 1968;
“Her Majesty’s air forces", “Her Majesty’s military forces" or “Her Majesty’s navalforces"F664, except where otherwise expressly provided, does not include any Commonwealthforce F665and references to “Her Majesty’s forces”, except in sections F666 177, shall be construed accordingly;
F667“the judge advocate” has the meaning assigned to it by section 84B(1) of this Act;
except where the context otherwise requires “oath” includes affirmation, and referencesto swearing shall be construed accordingly;
F668“judicial officer” means a person appointed under section 75L of this Act;
“property” includes real property in England or Wales or Northern Ireland, heritableproperty in Scotland, and property outside the United Kingdom of the nature of real property;
F669“the prosecuting authority” has the meaning assigned to it by section 83A(1) of this Act;
“provost officer” means a provost marshal or officer appointed to exercise the functionsconferred by or under this Act on provost officers and includes a naval provost marshal, an assistant toa naval provost marshal, and an officer appointed to exercise functions conferred by or under the M97Air Force Act 1955, and corresponding with those of a provost officer under this Act;
“public property” means any property belonging to any department of Her Majesty’sGovernment in the United Kingdom or the Government of Northern Ireland or held for the purposes of any suchdepartment;
“Queen’s Regulations” means the Queen’s Regulations for the Army;
“regular forces” means any of Her Majesty’s military forces other than the army reserve,the Territorial Army F670. . ., and other than forces raised under the law of a colony, so howeverthat an officer of any reserve of officers, or an officer who is retired within the meaning of any RoyalWarrant, shall not be treated for the purposes of this Act as a member of the regular forces save in so faras is expressly provided by this Act;
F671“the relevant time” in relation to a person arrested under section 74 of this Act, means the time of the arrest;
F672“the Royal Air Force Police” includes the Provost Marshal of the Royal Air Force and any officer appointed to exercise the functions conferred by or under the Air Force Act 1955 on provost officers;
“Royal Warrant” means the warrant or warrants of Her Majesty for the time being in forcefor regulating the pay and promotion of the army;
F673. . .
“service”, when used adjectivally, means belonging to or connected with Her Majesty’smilitary forces or any part of Her Majesty’s military forces;
F674“service law” means military law, air-force law or the M98Naval DisciplineAct 1957;
F675“service property" includes property belonging to an association established, or having effect as if established, under section 110 of the Reserve Forces Act 1996 or to the Navy, Army and Air Force Institutes.
“ship” includes any description of vessel;
F676“steals” has the same meaning as in the M99Theft Act 1968, and referencesto “stolen goods” shall be construed as if contained in that Act;
“stoppages” means the recovery, by deductions from the pay of the offender, of a specifiedsum by way of compensation F677 . . ..
F678“the summary appeal court” means the court established by section 83ZA of this Act;
F679“supervision and treatment order” has the meaning assigned to it by section 116D(1) of this Act;
F6801A
Any reference in this Act to Her Majesty’s aircraft is a reference to aircraft in the service of HerMajesty, whether belonging to Her Majesty or not, but does not include a reference to aircraft of aCommonwealth force other than aircraft placed at the disposal of Her Majesty for service with any of HerMajesty’s forces, and any reference to aircraft material shall be construed accordingly.
1B
Any reference in this Act to Her Majesty’s ships is a reference to ships in the service of Her Majesty,whether belonging to Her Majesty or not, but does not include a reference to ships of any Commonwealthforce other than ships placed at the disposal of Her Majesty for service with any of Her Majesty’s forces.
F6811C
References in this Act, in relation to any of Her Majesty’s forces, to an officer holding acommission include references to a person to whom a commission is required to be issued; and for thepurposes of this Act, where a commission issued to any person takes effect from a date earlier than the dateof its issue, that earlier date shall be conclusively presumed to be the date on which the requirement toissue the commission arose.
F682C702
References in this Act to warrant officers, non-commissioned officers or men of the army reserve beingcalled out on permanent service are references to their being so called out whether in pursuance of F683section 10 of the M100Reserve Forces Act 1980 or not, but in Part I of this Act and subsection (2) of section one hundred and sixty-seven thereofdo not include references to their being called out F684in pursuance of section 11 of or paragraph 16(1) or (2) or (3) of Schedule 8 to the M101Reserve Forces Act 1980.
3
Any power conferred by this Act to make provision by regulations, rules or other instrument shallinclude power to make that provision for specified cases or classes of cases, and to make differentprovision for different classes of cases, and for the purposes of any such instrument classes of cases maybe defined by reference to any circumstances specified in the instrument.
4
Any power conferred by the foregoing provisions of this Act to make an order shall be construed asincluding power, exercisable in the like manner and subject to the like provisions, to vary or revoke theorder.
226Short title, commencement and duration.
1
This Act may be cited as the Army Act 1955.
Part II extended by Reserve Forces Act 1980 (c. 9), s. 142